20 Years of Probate, 5 Common Mistakes: What Not to Put in Your Will
20 Years of Probate, 5 Common Mistakes: What Not to Put in Your Will By Melinda Gustafson Gervasi June 5, 2026 What is a Will, Anyway? At its core, a Last Will and Testament is a legal document with a specific, focused job: it directs how your probate assets should be distributed after you pass away, and it names the person (the personal representative or executor) responsible for making sure those wishes are carried out. Think of it as the ultimate set of instructions for your probate estate. Note -- probate assets are those assets that have no co-owner or named beneficiary. If an asset has a co-owner or named beneficiary, that asset will pass to the person(s) named directly, ignoring the will and avoiding the probate process. Because a will has such a specific purpose, cramming it full of every final thought, personal detail, or medical wish can actually cause major legal headaches. Over my two decades of practicing estate planning and probate law, I’ve seen a ...