Everyone should have a will. It is the most common way to control who will benefit from your property after you die.
State law determines who the heirs are and how much they receive.
The probate Court will appoint someone to administer the estate. This can be the surviving spouse, but the Court has the discretion to choose who it will be. When estates have to be probated, they go before the court of law that verifies the authenticity of the last will of the deceased and supervises the administration and distribution of the estate. It can control your estate while you are still alive and distribute your estate after your death. A trust can provide protection from probate, avoid conservatorship or allow someone else to manage the trustor's assets while he or she is still alive.