Your Last Will and Testament (referred to as a "Will") controls the distribution, through probate, of property that you own in your own name at your death. In your Will you name the person who will be responsible for managing the probate of your estate (the "Personal Representative"), as well as who will receive your estate ( the "devisees"). If you have minor children, you will also name the person they will live with (the "Guardian") and the person who will care for what they inherit from you until they turn 18 ( the "Conservator"). Your Will does not control distribution of property that is subject to a beneficiary designation (i.e., life insurance and IRAs) unless the designated beneficiary is your estate or the designated beneficiary fails to survive you. It also does not control distribution of any property that is jointly owned with another. Remember, having a Will does not avoid probate. Rather, your Will provides direction to the probate court for distribution of your property.
