but creating a will is the smartest way to stay in control over who gets what of your property, who will administer your estate, and who will serve as guardian of your children. a lawyer will use language that is understood by executors of wills, officers of the court and beneficiaries. a last will & testament is the legal document by which you designate who is to receive your estate, upon your death. depending on the complexity of the estate and whether there are legal challenges to the will, the probate process may be reasonably short or protracted. a last will & testament is a legal document that provides instruction on what should happen to your estate assets in the event of your death.