Understanding the ways when a will won’t work

A will allows you to distribute your worldly goods, select a guardian for minor children and name an executor to carry out your wishes.

But you should be aware of what a will can’t or shouldn’t do. This is particularly true if you’re drafting your own document without an attorney’s help, since you could unknowingly make a mistake that upends your whole estate plan.

What a will can’t do

A will can’t avoid probate, the legal process that typically follows death. In probate, your will becomes a public record and the court supervises the distribution of your estate.

In many states, probate isn’t particularly expensive or lengthy. In other states — such as California and Florida — probate can be costly and time-consuming, which is why many residents wish to avoid it.

A common way to bypass probate is to create a revocable living trust and then transfer ownership of your real estate, accounts and other property into the trust. You retain control, but upon your death, the person you name as your successor trustee can distribute your property without a court’s involvement, says Matt Palmer, associate product counsel at online legal site LegalZoom.

You can avoid probate using other means. Jointly held property passes directly to the other owner, bypassing probate. Accounts with beneficiaries, such as life insurance and retirement funds, can also avoid probate. You may be able to use “transfer on death” or “payable on death” documents to designate beneficiaries for other financial accounts. Some states have transfer on death deeds for real estate or transfer on death registration for vehicles.

Your will can’t override a beneficiary designation or change who inherits jointly held property, Palmer says. For example, if you forget to change the beneficiary of your life insurance from your previous spouse to your current spouse, your ex usually will get the proceeds regardless of what your will says.

You also can’t leave property to pets with a will or any other estate document, since pets are considered property, Palmer says. You can, however, use your will to designate someone to care for your pet and leave that person money to do so.

What a will shouldn’t do

You may see your will as a way to finally force people to do what you want. You could leave your nephew a bequest that he receives only if he finally finishes college, or stops smoking, or meets some other condition.