Estate Planning for Couples Without Heirs

When you’ve spent a lifetime building your legacy, your home, investments, personal collections, and values, it’s natural to want a say in how it all gets passed on, even if you don’t have children. For many California couples without heirs, estate planning can feel confusing, even a little abstract. You may be wondering:

• “If we don’t have kids, who inherits everything?”
• “Do we even need a trust?”
• “What happens if we don’t make a plan?”

At Goff Legal, our experienced estate planning attorneys specialize in helping couples like you —retired or nearing retirement, with no children, and a strong desire to take control of what happens to your estate. Just because you don’t have direct descendants doesn’t mean your estate plan is less important. In fact, in many ways, it’s even more critical.

In this article, we’ll walk you through estate planning for couples without heirs, what your options are, and how you can leave behind a legacy that truly reflects your values.

Why Estate Planning for Couples Without Heirs Is Essential

When you don’t have children or close family to pass your estate to, California’s intestate succession laws (the default rules when there’s no will or trust) step in. And the results might surprise or alarm you.

If you die without a will or trust in California and have no children, the court looks to parents, siblings, nieces, nephews, and beyond. If no relatives can be found, your estate could eventually “escheat” to the State of California. Most couples find that outcome unacceptable, and understandably so.

With a solid estate plan, you can:

• Avoid leaving your assets to distant relatives you barely know or the state
• Support meaningful causes, charities, or institutions
• Appoint trusted people to manage your affairs if you become incapacitated
• Minimize taxes and avoid probate delays
• Maintain privacy and control

Let’s explore how.

1. Set Up a Revocable Living Trust

For most California couples, especially those with real estate or significant savings, a revocable living trust is the cornerstone of a smart estate plan.

Here are some key advantages of a revocable trust:

• Avoids probate: Probate proceedings are costly and public. A trust avoids probate and keeps things private and efficient.
• Offers flexibility: You can name multiple beneficiaries, including charities, friends, or more distant relatives.
• Gives you control: You decide who gets what and when, even if they aren’t family.

For child-free couples, a trust can be particularly powerful. For example, you might split your estate between a beloved university, your local animal shelter, a friend in need, or a niece you’ve mentored over the years.

2. Name Your Beneficiaries with Intention

Without default heirs, you have more freedom and responsibility to choose your beneficiaries carefully. Here are some thoughtful options:

✔️ Charitable Organizations

If you support a local cause, church, hospital, or nonprofit, you can leave a portion or all of your estate to that organization. Consider creating a charitable remainder trust or naming the charity as a trust beneficiary.

✔️ Extended Family and Friends

If you have a godchild, nephew, or lifelong friend you want to bless, you can provide for them specifically in your trust or will.

✔️ Educational or Cultural Institutions

Leave a scholarship fund or a gift to an alma mater, museum, or arts foundation that aligns with your passions.

✔️ Pet Trusts

Don’t forget your furry family members! California allows pet trusts, ensuring your pets are cared for if something happens to you.

3. Choose the Right Trustees and Agents

One of the biggest challenges for couples without heirs is figuring out who will step in and make decisions if you can’t. This includes:

• Trustee (who manages your trust)
• Executor (who handles your will)
• Agent under a Power of Attorney (handles financial decisions if you’re incapacitated)
• Health Care Agent (makes medical decisions on your behalf)

Many couples elect their spouse to fill these roles, but struggle to select a backup to their spouse if they don’t have children or nearby family. If this is your situation, consider the following options:

• A trusted friend or colleague
• A professional fiduciary (licensed in California)
• A corporate trustee (such as a bank or trust company)

At Goff Legal, we help you weigh these options and make informed decisions that protect your future and ensure your wishes are carried out.

4. Create a Detailed Advance Health Care Directive

An Advance Healthcare Directive is a document that allows you to appoint someone to make medical decisions if you become unable to do so. Without a spouse or children nearby, this can be especially important. You can also spell out your wishes about life support, organ donation, and long-term care preferences.

We also recommend adding HIPAA waivers so your healthcare agent can access medical records and speak freely with doctors. Otherwise, your agent could be in the difficult position of making decisions on your behalf without access to critical information about your medical history and condition. 

5. Prepare a Durable Power of Attorney

A Durable Power of Attorney gives someone the legal authority to manage your finances, pay bills, and handle property matters if you’re incapacitated. It’s a critical tool for couples without heirs, especially if neither spouse is in good health or if you have no one obvious to fill this role.

Don’t leave this to chance. If you don’t name someone, the court might appoint a conservator (possibly a stranger) to manage your finances.

6. Plan for Long-Term Care and Incapacity

Estate planning isn’t just about death; it’s also about planning for the unexpected.

Couples without children often worry about who will help them as they age. Your plan should include:

• Long-term care insurance (if possible)
• A clearly written Advance Healthcare Directive
• Trusted professionals to manage your care or finances
• Instructions in your trust about how assets should be used if one or both of you require nursing care

You can even create a “Letter of Instruction” to guide your trustees or agents with your personal preferences and values.

7. Address Digital Assets and Personal Property

Without kids to naturally inherit your photos, heirlooms, or digital memories, it’s important to leave instructions regarding how to distribute these types of assets. Your estate plan should include:

• A digital assets inventory (with login info and instructions)
• Memorial wishes (cremation or burial, type of service)
• Distribution of personal property (who gets the vintage car, art, jewelry, etc.)

We often see clients express deep relief after organizing these “softer” parts of their legacy. It’s a gift of clarity for the people you choose to honor.

8. Keep Your Estate Plan Up to Date

Even a solid plan can fall short if it’s outdated. We recommend reviewing your estate plan with an attorney:

• Every 3–5 years
• After a significant change in assets, health, or relationships
• If your chosen trustees or agents are no longer able to serve

Goff Legal offers ongoing support and reminders to review your estate plan and ensure your documents still reflect your wishes.

9. Consider Legacy Giving and End-of-Life Wishes

Many couples with children default to leaving their estate to their children. But couples without children tend to have more freedom to create a lasting impact on their community or the world. If you’re wondering how to do this, you can get started by asking yourself the following questions: 

• What do I want to be remembered for?
• What causes have shaped my life?
• How can my estate plan reflect and amplify my values after I’m gone?

Whether it’s a scholarship, an endowment, or simply ensuring your pets are loved and cared for, your plan can speak for you long after you’re gone.

Final Thoughts: Your Legacy, Your Way

Not having children doesn’t mean you don’t have a legacy. In fact, for many child-free couples in California, estate planning becomes a powerful opportunity to reflect their values, protect each other, and make a meaningful difference. Working with an experienced estate planning attorney is key. 

At Goff Legal, we take the time to understand your unique story- your assets, your goals, and your heart. Together, we’ll craft a plan that brings peace of mind today and a legacy you’ll be proud of tomorrow.

Contact Goff Legal to Get Started

If you’re a California couple without heirs, now is the time to take control of your estate plan. Contact Goff Legal today to schedule your free discovery call. We’ll answer your questions, explore your options, and help you build a plan that honors your life and protects your future.