Estate Planning Checklist: The Documents Everyone Needs

The core documents, the accounts to organize, and when to review your plan.

By No Brainer Forms Team Updated 3 min read

Key Takeaways

  • Estate planning isn’t just for the wealthy; it decides who makes decisions for you if you’re incapacitated and who receives what you own when you die.
  • The core documents are a will, a living will, a health care power of attorney, a financial power of attorney and a HIPAA release.
  • Beneficiary designations and jointly owned property pass outside your will, so they must be kept up to date too.
  • A revocable living trust can help you avoid probate and keep things private, but it isn’t necessary for everyone.
  • Review your plan every three to five years and after major life events.

What estate planning really means

Estate planning is the process of deciding, in advance, what happens to you and your belongings if you become unable to manage your own affairs or when you die. It answers questions like:

  • Who makes medical decisions if I can’t?
  • Who pays my bills if I’m in the hospital?
  • What medical treatment do I want at the end of life?
  • Who receives my property, and who’s in charge of distributing it?
  • Who raises my children?

Without a plan, state law answers those questions for you, and the answers may not match your wishes.

The estate planning checklist

1. Core legal documents

  • Last will and testament: names who inherits your property, an executor to carry it out, and a guardian for minor children. See will vs. trust and what happens if you die without a will.
  • Living will: your wishes about life-sustaining treatment. See what is a living will?
  • Health care power of attorney: the person who makes medical decisions if you can’t. See our guide to medical power of attorney.
  • Durable financial power of attorney: the person who manages your money if you can’t.
  • HIPAA release: lets doctors share information with the people you choose.

2. Accounts that pass outside your will

  • Life insurance and retirement accounts: confirm primary and contingent beneficiaries
  • Bank and brokerage accounts: consider payable-on-death or transfer-on-death designations
  • Real estate: check how the title is held

3. Practical information for your family

  • A list of accounts, insurance policies and where important documents are kept
  • Digital accounts and how to access them
  • Funeral and burial wishes
  • A plan for your pets; see pet trusts

4. People to choose

  • Executor and an alternate; see how to choose an executor
  • Health care agent and financial agent, plus alternates
  • Guardian for minor children
  • Trustee, if you create a trust

Which document does what?

DocumentWhen it worksWhat it controlsWho you name
WillAt deathProperty that passes through probate; guardians for childrenExecutor, beneficiaries, guardian
Revocable living trustDuring life and at deathAssets you transfer into the trustTrustee, beneficiaries
Living willWhen you’re terminally ill or permanently unconsciousLife-sustaining treatmentNo one; it records your wishes
Health care power of attorneyWhen you can’t make medical decisionsMedical careHealth care agent
Durable financial power of attorneyUsually immediately, and during incapacityMoney, property, paperworkFinancial agent
HIPAA releaseWhen signedWho can receive your health informationPeople you authorize
The core estate planning documents compared

When to update your plan

  • Marriage, divorce or a new partner
  • The birth or adoption of a child or grandchild
  • A move to a different state
  • A death or change in circumstances of someone you named
  • Buying a home or a major change in your finances
  • At least every three to five years, even if nothing has changed

Frequently asked questions

What documents do I need for a basic estate plan?

Most adults need a will, a living will, a health care power of attorney, a durable financial power of attorney and a HIPAA release, plus up-to-date beneficiary designations.

Do I need a trust?

Not necessarily. A revocable living trust is useful if you want to avoid probate, keep your affairs private, own property in more than one state or manage how heirs receive money. Many people do fine with a will and beneficiary designations.

At what age should I start estate planning?

At 18. Every adult needs health care and financial powers of attorney and a HIPAA release, and anyone with children, property or a partner should have a will.

Where should I keep my estate planning documents?

Somewhere safe that your executor and agents can access, such as a fireproof home safe, with digital copies stored securely. Tell your agents where the originals are.

Can I write my own will?

Yes, in every state you can make your own will, as long as you follow your state’s signing rules, usually including witnesses. Some situations, such as a blended family or a business, benefit from an attorney’s help.

Guides in this hub

Don’t leave your family guessing

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This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.