A will is one of the most essential tools in estate planning. While relying on a will alone is rarely enough for most families, nearly every complete estate plan includes one.
Your will outlines how you want your property distributed after your death. Without one, state laws determine who receives your assets — and that distribution may not reflect your wishes.
However, not every asset belongs in a will. Some property transfers automatically or requires different planning tools, such as trusts. Understanding what should — and should not — be included in your will is key to creating a plan that truly protects your loved ones.
Here are six types of assets you should generally avoid placing in your will.
1. Property With Rights of Survivorship
A will only controls assets that are solely owned in your name. Property held jointly — such as joint tenancy, tenancy by the entirety, or community property with right of survivorship — automatically transfers to the surviving co-owner upon your death.
Because of this automatic transfer, naming someone else to receive that property in your will has no legal effect. If you want your share to go to someone other than the joint owner, the ownership structure must be changed as part of your estate planning strategy.
2. Assets Already Held in a Trust
Property owned by a trust does not pass through your will. Instead, it transfers directly to the beneficiaries named in the trust document upon your death or incapacity.
This applies to both revocable living trusts and irrevocable trusts. Unlike a will, trust assets typically avoid probate — the court-supervised process required to validate and distribute assets under a will.
Because probate can be time-consuming, costly, and public, many families use trusts as a more efficient way to pass wealth to the next generation.
Even if you have a trust, you’ll still need a “pour-over” will. This type of will ensures that any assets not transferred into your trust before death are directed into the trust through probate.
3. Accounts With Named Beneficiaries
Many financial accounts allow you to designate a beneficiary. When you pass away, these assets transfer directly to the named person or organization — outside of your will and without probate.
Common examples include:
- Retirement accounts (IRAs, 401(k)s, pensions)
- Life insurance policies and annuities
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) assets such as securities, vehicles, and certain real estate
If you list these assets in your will, the beneficiary designation will override it. Therefore, it’s essential to keep beneficiary forms updated and aligned with your overall estate plan.
4. Certain Digital Assets
Digital property requires special planning. In many cases, a will is not the best way to transfer digital assets.
For example, digital purchases like Kindle books or iTunes music are often licensed — not owned — meaning they may not legally transfer after death.
Social media platforms such as Facebook or Instagram offer their own tools for managing accounts after death. It’s important to review each platform’s terms of service for guidance.
Additionally, never include usernames, passwords, or account numbers in your will. A will becomes public record during probate, which could expose sensitive information. Instead, store login details securely and provide access instructions to your chosen fiduciary.
5. Your Pet — or Money for Its Care
Under the law, pets are considered personal property. You cannot leave money directly to your pet in your will.
While you can name someone to receive funds and care for your pet, that person has no legal obligation to use the money as intended. Unfortunately, this could leave your pet unprotected.
A pet trust is a far more reliable solution. It allows you to set aside funds specifically for your pet’s care and ensures someone is legally responsible for following your wishes.
6. Funds for a Loved One With Special Needs
Leaving money outright to a person with special needs can unintentionally disqualify them from essential government benefits.
Because eligibility rules are strict and complex, a will is not the right tool for providing financial support in these situations.
Instead, a properly structured special needs trust allows you to provide financial resources without jeopardizing access to public assistance programs. These trusts require careful drafting and should always be created with experienced legal guidance.
Why Professional Guidance Matters
Although drafting a will may appear simple, estate planning is rarely one-size-fits-all. As you’ve seen, many assets either bypass a will entirely or require specialized planning strategies.
Without the right structure in place, your loved ones could face unnecessary court involvement, delays, expenses, or unintended consequences.
Meeting with an experienced estate planning attorney ensures your documents are properly prepared, coordinated, and maintained — and that your plan works exactly as intended when it matters most.