Divorce and Your Will
In some states, getting divorced automatically deletes your former spouse's share from your will. You should not rely on this and should make a new will. If your spouse tries to get a share of the estate because he or she is mentioned, it may cost your estate considerable legal fees to defeat the claim.
Example: George and Eunice made their wills leaving half their property to each other and half to their children from their previous marriages. After their divorce, George forgot to make a new will. When George died, Eunice hired a lawyer to file papers claiming half the estate. His children's lawyer pointed out that her share was void because of the divorce, but the other lawyer demanded a trial, hoping the children would settle the case by giving his client a few thousand dollars. They refused to settle and their attorney charged $5,000 for the trial.
In some states, divorce does not revoke your will. If you do not have time to make a new will after your divorce, you may want to revoke your will. By revoking your will, you are choosing to use your state's distribution system of deciding your heirs, which, in all cases, would not include your ex-spouse.