Estate Planning Checklist: The Legal Documents and Decisions to Put in Place
The legal documents on an estate planning checklist: what each one does, who you name in it and who signs it, to take to your estate attorney.
An estate plan is a short stack of legal documents. Each one does a different job, names different people and has its own signing rules. Below, each one gets three answers: what it does, who you name in it and who signs it. This is the legal paperwork only. For the household side, use our Death Binder checklist.
The rules here are general, and signing requirements vary by state. Use this as a list to take to an estate attorney, not a replacement for one.
Table of Contents
- The documents at a glance
- Will
- Revocable living trust
- Durable financial power of attorney
- Healthcare directive, proxy and HIPAA release
- Beneficiary designations
- Digital asset authorization
- Working with an estate attorney
- When the documents need updating
The documents at a glance
| Document | What it does | Who you name | Who signs |
|---|---|---|---|
| Will | Says who receives your property after death | Beneficiaries, an executor, a guardian for minor children | You, usually with witnesses |
| Revocable living trust | Holds property you move into it so it can pass without probate | A successor trustee and beneficiaries | You, often before a notary |
| Durable financial power of attorney | Lets someone handle money for you while you are alive but unable to | An agent and a backup agent | You, often before a notary |
| Healthcare directive and proxy | Records the care you want and who decides for you | A healthcare agent and a backup | You, with witnesses or a notary |
| HIPAA release | Lets doctors share your medical information | Anyone who should be kept informed | You |
| Beneficiary designations | Send retirement accounts and life insurance straight to the people named | Primary and contingent beneficiaries | You, on the plan's or insurer's own form |
| Digital asset authorization | Gives your executor or agent authority over online accounts and files | Usually the same executor or agent | Part of the documents above |
Will
What it does. A will says who inherits your property, who settles the estate and who raises your children if both parents are gone. It only takes effect after death, and usually goes through probate court. If you also have a trust, your attorney will likely pair it with a short pour-over will that moves anything left outside the trust into it.
Who you name. Your beneficiaries, an executor (some states say personal representative), a backup executor and, if you have minor children, a guardian and a backup guardian.
Who signs. You do, in front of witnesses. Most states require two adult witnesses, and it is safest if they inherit nothing under the will. Many states also let you attach a notarized self-proving affidavit, which can save your executor from tracking down the witnesses later.
Revocable living trust
What it does. A trust holds property you retitle into it, and that property can pass to your beneficiaries without probate. You can change or cancel it while you are alive. Ask about one if you own a home, own property in more than one state or want money managed for a child over time.
Who you name. Usually yourself as the first trustee, a successor trustee to take over when you cannot, and your beneficiaries.
Who signs. You sign the trust document, and it is often notarized. Signing is only half the job. A trust controls only what you actually move into it, so deeds and accounts have to be retitled. Ask your attorney for a funding list and work through it.
Durable financial power of attorney
What it does. It lets someone you choose pay bills, deal with banks and file taxes for you while you are alive but unable to act. "Durable" means it keeps working after you become incapacitated, which is the point. It ends at death, when the will and trust take over. Families miss this one more than any other.
Who you name. An agent, sometimes called an attorney-in-fact, and a backup agent.
Who signs. You do, and most states expect it to be notarized. Some also require witnesses, and a few ask the agent to sign an acknowledgment of their duties. Banks sometimes push back on older or unfamiliar forms, so ask your attorney how to make yours easy to accept.
Healthcare directive, proxy and HIPAA release
What they do. The directive, often called a living will, records the treatment you do and do not want. The proxy, sometimes called a healthcare power of attorney, names who makes medical decisions when you cannot. Many states combine the two into one form. A HIPAA release lets doctors share your medical information with the people you list, including family who are not your proxy.
Who you name. A healthcare agent and a backup. On the HIPAA release, anyone who should be kept informed.
Who signs. You do. Directives and proxies usually need witnesses, a notary or both, depending on the state. Many states bar your healthcare agent, and sometimes your doctor or relatives, from serving as a witness. A HIPAA release usually needs only your signature.
Beneficiary designations
What they do. Retirement accounts and life insurance go straight to the people named on the plan's form, outside the will. The form wins over the will.
Who you name. Primary beneficiaries and contingent beneficiaries, who receive the money if a primary one cannot.
Who signs. You, on each plan's or insurer's own form, filed with them rather than with your attorney. For many employer retirement plans, if you are married and want to name someone other than your spouse, your spouse has to consent in writing. Ask each plan what it requires, and keep the confirmation it sends back.
Digital asset authorization
What it does. Most states have adopted a law that lets you give your executor or agent authority over your online accounts and files. Without written permission, many companies share very little.
Who you name. Usually the same executor, trustee or agent you named above, unless you want a separate person for the online side. Our post on why a digital executor is not the same as an executor helps with that choice.
Who signs. There is usually no separate form. Your attorney adds digital asset language to your will, trust and power of attorney. Platform tools such as a legacy contact can take priority over your documents for that platform, which we cover in your will does not beat Apple or Google.
Working with an estate attorney
Use an estate attorney licensed in your state. A document that misses a signing rule may not hold up. Online forms can work for a simple situation, but an attorney is worth it if you own a business, have a blended family, a child with special needs or property in more than one state.
Bring a rough list of what you own and how it is titled, your current beneficiary forms, any existing documents and your choices for each role above. Your attorney can tell you whether you need a trust, and whether a tax advisor should join the conversation. Ask too where the signed originals should be kept, since some states have rules for original wills.
When the documents need updating
A few life changes reach into the documents themselves. A move to another state can make banks and hospitals hesitate over your power of attorney and healthcare forms. A marriage or divorce can change how your will is read, and it does not always update a beneficiary form. New property may need to be retitled into your trust. When one of these happens, call your attorney. For the routine upkeep, our maintenance schedule covers what to check and how often.
Make sure your family can find the originals
Signed documents only help if someone knows they exist and where the originals are. KinSwitch lets you keep a short encrypted note of which documents you have, where they are stored and how to reach your attorney, then choose who receives it. Write down what only you know. If you stop checking in, KinSwitch sends it to the person who needs it. You get warnings first, so an accidental release is rare. If that sounds useful, you can try KinSwitch free for 30 days.
This article is general information, not legal advice. Estate laws vary by state, so talk with an estate attorney licensed where you live before signing anything.
Common questions about estate planning documents
Do I need a trust if I already have a will?
Not always. A trust mainly helps you avoid probate, keep things private and manage money for children over time. Many households with a home or property in more than one state find it worth the cost. An estate attorney can tell you whether a will alone is enough for you.
Can my spouse and I sign one will together?
Joint wills exist in some places, but most attorneys recommend that each spouse sign a separate will. Couples often sign matching wills that leave everything to each other and then to the same people. Ask your attorney which approach fits your state and your family.
Do I need a lawyer for these documents to be valid?
Not always. A document can be valid without a lawyer if it meets your state's signing rules. The risk is in the details, such as the wrong witness, a missing notary or a form your bank will not accept. An estate attorney is the safest way to get those right.