All last will and testaments will need to go through the probate process, but that does not mean all of your assets do. Those assets that do not need to be included in your will are known as non-probate estate assets.
Property that shouldn’t be included in your will is any asset that is not owned solely by you or is already spoken for upon your death.
There is considerable overlap between this list and the non-probate assets list.
The most common examples of this property include:
Since the settling of the estate and the probate proceedings occur after the funeral, any specific instructions for the wake, funeral, or burial left in the will may not be available until well after the fact.
While you may include requests and make stipulations on certain gifts in your will, there are some that may be inappropriate.
There are some things that can be in a will, but are better off done with a trust. This includes providing for a dependent with special needs or a pet.