To update a will after you get married is one of the kindest, most practical things you can do for the person you just promised your life to. Marriage changes your legal family overnight. However, it does not automatically rewrite the will you signed years ago. In most cases, your old will still names your old beneficiaries — maybe a sibling, a parent, or an ex-partner.
State law does step in to protect a new spouse, but those protections are blunt. They give your spouse a default share, not the plan you actually wanted. For example, your spouse might inherit half your estate while the family home passes somewhere else entirely. A short update now can spare your family a long, confusing probate later.
What Happens to Your Old Will the Day You Marry
Probate is the court process that transfers your property after death. If you die with a will, the court follows it. If you die without one, you are “intestate,” and state law picks your heirs for you.
Most states treat a new spouse as an “omitted” or “pretermitted” spouse. That means the law assumes you simply forgot, not that you meant to disinherit. Under Uniform Probate Code § 2-301, a spouse who married you after you signed your will generally receives the intestate share — the same slice they would get if no will existed at all. Florida does the same under Fla. Stat. § 732.301.
Georgia goes further. Under O.C.G.A. § 53-4-48, marrying after you sign a will revokes it, unless the will clearly contemplated that future marriage. Two exceptions typically apply everywhere: a will made in contemplation of the marriage, or a valid prenuptial agreement waiving the share. As a result, doing nothing hands your plan to a statute.
The Exact Numbers Behind Why You Should Update a Will After You Get Married
Default shares are specific, and they are rarely what newlyweds expect. In Florida, Fla. Stat. § 732.102 gives a surviving spouse the entire intestate estate — but only if all children are shared and neither of you has children from another relationship. If you have a child from a prior relationship, your spouse’s share drops to one-half.
Separately, most non-community-property states let a spouse claim an “elective share” against a will that shortchanges them. Typically it runs one-third to one-half.
| State | Elective share | Statute |
|---|---|---|
| Florida | 30% of the elective estate | Fla. Stat. § 732.201 |
| Missouri | 1/3 with descendants; 1/2 without | Mo. Rev. Stat. § 474.160 |
| Maryland | 1/3 with descendants; 1/2 without | Md. Est. & Trusts § 3-403 |
| Montana | 50% of the marital-property portion | Mont. Code § 72-2-221 |
| North Carolina | 15%–50%, by length of marriage | N.C.G.S. § 30-3.1 (amended eff. Jan. 1, 2026) |
Federal estate tax worries almost no one. For 2026, the IRS set the basic exclusion at $15,000,000 per person, up from $13,990,000 in 2025. Anything you leave outright to a U.S.-citizen spouse also passes tax-free under the unlimited marital deduction. However, a handful of states impose their own estate or inheritance tax at far lower thresholds, so check your state’s revenue department.
Calm, Practical Steps to Update a Will After You Get Married
You do not need to panic, and you do not need to do this in one afternoon. Start by finding your current will and reading who is named. Look at three roles: who inherits, who serves as executor (the person who settles your estate), and who would raise any minor children.
Then decide whether to amend or replace. A codicil is a short amendment, but a fresh will is usually cleaner and cheaper to probate. Either way, signing formalities matter. Nearly every state requires two witnesses under UPC § 2-502; Louisiana requires two witnesses plus a notary. Many states also let you add a self-proving affidavit, which spares your witnesses a court appearance later.
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Finally, remember that a will does not control everything. Life insurance, 401(k)s, IRAs, and payable-on-death accounts pass by beneficiary form, and that form beats your will. So when you update a will after you get married, update those forms the same week. If your situation includes a business, a blended family, or property in two states, check with your state’s probate court self-help portal or a licensed attorney.
Frequently Asked Questions
Does getting married automatically cancel my old will?
In most states, no — but it does give your new spouse a statutory share. Georgia is an exception, where marriage generally revokes a will unless it contemplated the marriage. Typically, the safest move is to update a will after you get married rather than rely on defaults.
What if my spouse is already in my will from before the wedding?
A gift made before marriage generally counts toward the omitted-spouse share, not on top of it. For example, UPC § 2-301 prevents “double dipping.” However, your spouse may still be able to claim the elective share instead if it is larger.
Do I need a lawyer, or can I do this myself?
Many families can handle a simple update with a properly witnessed will. However, blended families and out-of-state property get complicated fast. Your county probate court’s self-help site is a free, reliable starting point.
Make Sure Your Plan Actually Works
A will or trust only does its job if the rest of your plan lines up. Two quick checks before you finish:
- Get your state’s exact rules — witnesses, notary, probate cost, and tax thresholds vary by state.
- Beneficiary forms beat your will — make sure your life-insurance beneficiaries are current, because named beneficiaries pass outside your will.
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified July 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Wills by State
- Trusts & Living Trusts by State
- Estate & Inheritance Tax by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.