Which statement correctly describes whether a will can affect nonprobate devices at death?

• A. It can affect a joint account with survivorship.
• B. It can affect a retirement account with named beneficiary.
• C. It can affect a house in joint tenancy with survivorship.
• D. It cannot affect nonprobate devices at death.

Answer: (D)

Wills govern assets that pass through the probate process, while nonprobate transfers happen outside probate and are not controlled by the will. Because of this, a will cannot affect nonprobate devices at death.

For example, a joint account with survivorship passes to the other account owner automatically, regardless of the will. A retirement account with a named beneficiary pays to that beneficiary regardless of the will’s provisions. A house held in joint tenancy with survivorship passes to the surviving owner automatically. Since these transfers bypass the will, the will cannot change them.

So the statement that a will cannot affect nonprobate devices at death is the correct one.