Sorry to be a bit late to this discussion -- haven't checked email for over a week (what a glorious holiday!). You SHOULD have a will. In many states, if you do not have a will, you are declared "intestate" and the state takes a huge cut off the top of the estate. Don't be afraid of probate. "Probate" is simply the process of the court approving the distribution of an estate. If the estate is small, the will is straightforward, and there is no dispute, the only thing an executor needs to do is file the will with the probate court. No lengthy court proceedings (which is what many people mean when they talk about "probate") are necessary. The executor is legally the one who has to assess the estate, determine the heirs, figure out whether probate court proceedings are necessary, file the probate papers, pay any outstanding debts, collect any money owed, and file a final IRS tax return. You don't *need* a lawyer to do this, though most people hire one to guide them through the process. Nolo press (www.nolo.com) is the oldest (and best, IMO) source of DIY legal information. A trust is much more involved, and there are several types of trusts (lawyer time, folks). If you are creating a trust for animal care that only goes into effect when you die, then it may still be part of your estate, and you may or may not have avoided probate. To avoid probate with a trust, you have to create a trust while you are still living. In this way, you create a legal entity to which you transfer assets while you are alive, so it is not part of your estate, and is not probated. On the other hand, you no longer own that money free and clear. Insurance policies are not probated, and they should pay right away (since one of the advertised reasons for life insurance is to tide you over while the estate is being settled). As suggested, life insurance policies can be used as sort of a poor man's trust. Just remember that legally there are no strings attached. You may intend the money to be used for care of ferrets left behind, but there is no way to enforce that (but presumably whoever you are trusting with your babies is trustworthy). By the way, if the "owner" of a policy is the one who holds on to the paperwork, it simplifies matters. The executor doesn't have to find the policy, determine who is the beneficiary, and notify the insurance company. The owner simply sends the insurance company a copy of the death certificate, and gets paid. Jointly owned assets (bank accounts, real estate) usually revert to the other owner without probate. This is different from specifying a beneficiary for an account. You have to trust the other person. The person who you designate as joint owner has full property rights; they could clean out a joint bank account. Willing an IRA to someone is only tax-free if that someone is your spouse; if you will it to a child or unrelated person, they will have to dissolve the IRA and pay the accrued taxes. They will have to file extra paperwork to avoid paying an early withdrawal penalty. But they won't be able to just roll it over into their own IRA, as a spouse could. You cannot legally leave an estate to an animal. However, you can leave money for the care of an animal. You can do this informally (I leave this money to XX, with the understanding that she will care for my pets), but there is no legal enforcement of the "understanding". Chances are you trust this person, or you wouldn't be making them caretaker, so this should be sufficient. If you do it formally by creating a trust, a court is now involved in enforcement. This does NOT necessarily make things more straightforward. The original poster wanted to give her estate to ferret organizations instead of to her natural heirs. In this case, where you can anticipate that the will might be contested, it's important to have a lawyer draw up the papers. The lawyer will do things like make sure that all the natural heirs are mentioned in the will (this is where you get things like "and to my son George, I give $5 and my favorite pen, in the hope that he will finally learn to write thank-you notes"). Failure to mention a natural heir can be grounds for challenging a will. The lawyer will also check the various state laws that might apply. As someone mentioned, the rules are completely different in Louisiana, since there the legal underpinning of "Common Law" refers to French law and not English Common Law. Make sure that your will is findable. If the will is drawn up by a lawyer, they will usually have a copy in their vault. But your executor will need to know who your lawyer is, so they can get the will. If you make your own will, you might keep it in a safety deposit box or in your desk drawer. Those are all normal places to look for wills. Make sure your executor knows where you keep yours. Note that to get into a safety deposit box after someone has died, you need permission from a probate judge. For this reason, it may be a good idea to have a safety deposit box that is also owned by the executor of the estate, so they can retrieve the document without going to the judge. It is perfectly legal to have a holographic will -- that is, an informal will that simply tells your wishes. It should be signed, dated, and witnessed. It's better than nothing, and may keep an estate out of the "intestate" classification, but it is open to challenge by just about anyone (including the state if they decide they want their "intestate" cut). I think the most important thing with our pets is to have someone lined up ahead of time who is willing to take them immediately. If you collapse and go into the hospital, is there someone who will know and will take care of your animals? Neighbors or distant family members may not even know the pets exist, and even if you don't die, they might suffer. Bill, sorry this is so long. Edit as you see fit. -Claire (disclaimer as per Sukie -- I am not a lawyer. But I am executor of my Dad's estate, and took paralegal courses in Wills and Trusts.) [Moderator's note: No need to cut but I hope people keep any comments related to ferrets :-) BIG] [Posted in FML 7116]