States differ on how things are done after someone passes away. If at all possible avoid probate. My father died without a will or trust and his estate was probated--which just makes a lawyer more well-off. My wife and I have our estates in two trusts, we are each other's trustee and our children are successor trustees. It is up to them to dispose of our things and they are the inheritors so they can make up their minds on what they want themselves. Some old family things we have already given to them to insure that they don't get away. A trust keeps the estate out of probate in many states. You can also make an irrevocable trust if you want to protect the estate against Medicaid coming after it but you have to do that 5 years before death(I think, maybe 7 years). Avoid probate, you will be smiling after you pass where ever you are.