The probate process applies whether or not there is a will. Through a will you can nominate someone to be responsible for the estate; the court will decide who will be the personal representative. Where there is no will, people can ask the court for that job. If you have a will and a minor child, you can also nominate your child’s guardian. Your will should include named beneficiaries. These are people, charities, or trusts who will get assets after your debts are paid. Without a will, the next of kin get the assets based on state statute.