What a Will Doesn't Do

A will does many good things like naming a guardian for minors and naming an executor for your estate along with telling who you want your assets to go to. If you die without a will, then the distribution of your probate assets is determined by the state which may not be what you want. In general probate assets are assets you hold in your own name rather than jointly and where there are no designated beneficiaries like  a 401k plan. To transfer these assets to another person they have to go through a probate which involves  a court process. A will cannot govern the transfer of non probate assets like retirement plans which is determined by the named beneficiary. That is why it is so important to review your beneficiaries after changes in your life like divorce.  A will cannot disinherit a surviving spouse but can disinherit adult children, and finally you cannot avoid probate by having a will.