If you want your spouse to inherit everything, the document you need is a simple will that names your spouse as the sole residuary beneficiary. That is the type of will that leaves everything to your spouse: one short, straightforward document with a residuary clause doing the heavy lifting. The catch is that a will only governs assets that pass through probate, so getting the full “everything to my spouse” result also means lining up the beneficiary designations on accounts the will cannot reach.
What a Simple Will Does
A simple will is built for uncomplicated estates and a single clear instruction. It identifies you, confirms you are signing voluntarily and of sound mind, names your beneficiaries, and appoints an executor to carry the estate through probate. No trusts are embedded inside it. No elaborate conditions attach to who gets what.
The provision that actually moves your property is the residuary clause. Your residuary estate is everything you own at death that isn’t given away specifically and isn’t passing outside the will by other means. A typical clause reads something like: “I leave all of my property, real and personal, to my spouse, [Name].” That one sentence captures your house, bank accounts in your name alone, personal belongings, vehicles, and anything else subject to probate. Drafted broadly, it also sweeps in property you forgot to mention or acquired after signing.
For a married person whose wish is “my spouse gets it all,” that is the whole machinery you need inside the will itself.
Why the Will Alone Doesn’t Finish the Job
This is where many estate plans quietly come apart. A will only controls probate assets. Several of your most valuable accounts transfer automatically at death based on paperwork you filed with a plan administrator or bank, and that paperwork overrides whatever your will says.
- Retirement accounts such as 401(k)s, IRAs, and pensions pass to whoever is listed on the beneficiary designation form filed with the plan administrator.
- Life insurance proceeds go to the beneficiary named on the policy, not the beneficiary named in the will.
- Bank accounts, brokerage accounts, or real estate held as joint tenants with right of survivorship transfer automatically to the surviving co-owner.
- Payable-on-death and transfer-on-death designations on bank or investment accounts send the funds directly to the named person.
If your will says “everything to my spouse” but your 401(k) beneficiary form still lists an ex-spouse or a parent, the 401(k) goes to the person on the form. The will loses every time. To actually leave everything to your spouse, update the beneficiary designation on every account that has one, and let the will handle the rest.
What If Your Spouse Dies First
A will that only names your spouse and stops there leaves a hole. If your spouse predeceases you and you never update the document, assets meant for them can fall into your state’s intestacy rules and land with people neither of you would have chosen.
The fix is a contingent beneficiary. A contingent beneficiary inherits only if the primary beneficiary cannot. Most married couples name their children in equal shares, but you can name siblings, other relatives, or a charity. One added sentence covers it: “If my spouse does not survive me, I leave my residuary estate to my children in equal shares.”
Survival Clauses
Many wills also include a survival requirement, commonly 120 hours. Under that clause, if your spouse dies within five days after you, the law treats them as having predeceased you, and the estate passes to your contingent beneficiaries instead. Without it, your assets can transfer to your spouse’s estate and go through a second probate, adding cost and delay. A majority of states have adopted some version of this rule by statute, so it may apply by default, but writing it into the will removes any argument about it.
Nominating a Guardian for Minor Children
If you have children under 18, the will is where you nominate a guardian. This matters even in a plan built around leaving everything to your spouse, because the will should still answer what happens if both parents die. Without a nomination, a court decides who raises your children.
The nomination is a recommendation, not a binding order. A judge formally appoints the guardian and can choose someone else if the person you named is unable or unsuitable. Courts, though, overwhelmingly follow the parents’ stated wishes. Name a specific person, confirm first that they are willing, and consider naming an alternate.
How Your State’s Property Rules Shape the Plan
What your will can actually give away depends on where you live. Two systems govern marital property in the United States, and they work differently.
Community Property States
Nine states use a community property system: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska, South Dakota, and Tennessee offer an optional community property arrangement for couples who elect it.1IRS. IRM 25.18.1 Basic Principles of Community Property Law In these states, each spouse automatically owns half of all property acquired during the marriage. Your will can only give away your half; the other half already belongs to your spouse by operation of law.
If your goal is for your spouse to end up with everything, community property actually simplifies the picture. Your spouse already owns 50%, and your 50% passes through the will. The result is the same; the legal path is different.
Common Law Property States
The remaining states follow a common law (or “separate property”) system, where property belongs to whoever earned it or whose name is on the title. In these states, your will can technically leave your property to anyone. Most common law states, however, protect surviving spouses with an “elective share” statute that guarantees the survivor a minimum percentage of the estate, typically between one-third and one-half, regardless of what the will says. If you are leaving everything to your spouse, you exceed the elective share by definition, so this rule won’t change your plan.
Taxes on What Your Spouse Inherits
Federal law gives spouses a strong tax benefit. Under the unlimited marital deduction, you can transfer any amount of property to your surviving spouse completely free of federal estate tax.2Office of the Law Revision Counsel. 26 USC 2056 – Bequests, Etc., to Surviving Spouse There is no cap. The deduction applies as long as the receiving spouse is a U.S. citizen.
For 2026, the federal estate tax exemption is $15 million per person, meaning estates below that figure owe no federal estate tax regardless of who inherits.3Office of the Law Revision Counsel. 26 USC 2010 – Unified Credit Against Estate Tax Anything above the exemption that doesn’t qualify for the marital deduction is taxed at 40%.
Portability of the Unused Exemption
If the first spouse to die does not use their full exemption, the surviving spouse can claim the unused portion through a “portability” election. The executor has to file a federal estate tax return (Form 706) even when the estate owes no tax. The return is due nine months after death, with an automatic six-month extension available. Missing the deadline can forfeit the unused exemption, though estates below the filing threshold may still qualify for a late election filed within five years of the death.4IRS. Frequently Asked Questions on Estate Taxes
For most couples, the marital deduction eliminates any immediate estate tax question. Leaving everything to your spouse simply defers that question to the second death, when the survivor’s estate could be larger than one exemption covers. Couples with combined assets near the exemption threshold should consider whether a more structured plan would reduce the total tax across both estates.
Making Sure the Will Is Valid
A will that fails your state’s execution rules can be thrown out entirely, no matter how clearly it reflects your wishes. The core requirements are consistent across most states:
- You must be at least 18 and of sound mind, meaning you understand what you own, who your family members are, and what the will does.5Legal Information Institute. Testamentary Capacity
- The will must be written. Oral wills are not recognized in nearly any circumstance.
- You must sign the will, and most states require signing at the end of the document.
- Most states require two adult witnesses who watch you sign (or hear you acknowledge your signature) and then sign themselves. Many states require those witnesses to be “disinterested,” meaning they don’t inherit under the will.
The Self-Proving Affidavit
Nearly every state except Ohio and the District of Columbia allows you to attach a self-proving affidavit to the will. This is a notarized statement signed by you and your witnesses confirming the will was properly executed. During probate, the court can then accept the will without tracking down your witnesses to testify. If a witness has moved, become incapacitated, or died, the affidavit keeps probate moving.
When to Revisit the Document
A will is only as current as its last revision. Review yours after remarriage, divorce, the birth of a child, a significant change in assets, or a move to a new state. Most states automatically revoke provisions benefiting an ex-spouse on divorce, but relying on that default is risky because states don’t handle it uniformly, and divorce statutes do not touch beneficiary designations on retirement accounts or insurance policies at all. Those forms stay as you left them until you change them yourself.
If you signed a will before getting married, check how your state treats a later marriage. Some states give the new spouse an intestacy-level share of the estate on the theory that you would have included them. Drafting a new will after marriage removes that uncertainty and makes sure your spouse inherits exactly what you intend.