Estate Planning Checklist - 5 Legal Documents You Must Have
Use this estate planning checklist to cover the essential documents, from your Will and Trust to Power of Attorney and healthcare directives.
By Craig Parker
Assistant General Counsel, Trust & Will
The Core Estate Planning Documents
An estate plan is an all-encompassing framework used to record an individual’s end-of-life wishes, as well as key legal, financial, and medical information. Despite the singular name, estate plans are made up of several distinct legal documents.
Even so, Trust & Will's 2026 Estate Planning Report found that more than half of Americans still have no estate planning documents at all, which makes a clear checklist a good place to start.
Our estate planning checklist will walk you through each of these separate components and why they are important. Read through the following to learn how to create an estate plan that reflects your wishes, giving you peace of mind in the process.
What documents are needed for estate planning?
The collection of documents needed for estate planning ranges from a Last Will and Testament to a Power of Attorney. Each piece serves a different legal purpose, such as dictating how your assets will be distributed after death or appointing an individual to make decisions on your behalf. The following documents will guide you through the creation of a comprehensive estate plan:
Last Will and Testament
Beneficiary designations
Revocable Living Trust
Advance healthcare directive
Power of Attorney
Last Will and Testament
What is it?
A Last Will and Testament is usually the first thing that comes up when reviewing an estate planning checklist, and for good reason. A Will is a legal document that explains your final wishes, from how your assets should be distributed down to funeral or memorial arrangements.
A Will outlines information on how to close financial accounts, settle any outstanding debts, and distribute remaining belongings or finances to heirs. Most Wills also include guardianship information for pets or minor children.
Why do I need it?
In the absence of a Last Will and Testament, your loved ones will have to navigate the often lengthy and occasionally costly probate process without your wishes to guide them. State law will determine how your estate is closed, as well as how your assets will be distributed.
A court will decide who cares for any minor children, often choosing from among your closest living relatives. Family members will have to guess at your final wishes, and they may not have immediate access to funds to pay for these arrangements.
How do I create it?
The process of creating a Will is fairly straightforward. Start by taking inventory of your assets and belongings, and consider the people you want these items distributed to. Then, think through who to name as an Executor, the person who will administer the Will.
When you have this information in mind, you are ready to create your Last Will and Testament. Our platform guides you through the process online, and your completed documents include state-specific instructions for signing, witnessing, and notarization. You can download them or have them shipped to you.
Beneficiary Designations
What is it?
A beneficiary designation is a legal document that names a person, Trust, or organization to inherit a specific asset upon your passing. These designations are most important for retirement accounts, certain investment types, and insurance policies.
While a Will specifies how your belongings will be transferred after death, beneficiary designations are created in tandem for externally held accounts. A beneficiary designation allows ownership of said account to automatically transfer, in most cases bypassing the probate process.
Why do I need it?
As you open certain investment or retirement accounts, the company holding the asset will often prompt you to name a beneficiary. If you skip this step, the account may instead have to go through probate, which can add time and complexity for your loved ones.
In the case of life insurance policies, a beneficiary designation allows a loved one to receive the proceeds directly from the insurer. This can provide crucial financial support during a difficult time.
How do I create it?
Creating a beneficiary designation typically starts with the insurance or investment company in charge of the asset. For example, when you take out a life insurance policy, the provider will ask you to submit a beneficiary designation as part of the initial set up process.
You can also create a beneficiary designation for specific assets alongside the creation of a larger estate plan. In most cases, the information in a beneficiary designation will override what is written in the Will (if they are different). Answer a few questions to see which estate plan can help these legal documents work together to protect your assets.
Revocable Living Trust
What is it?
A Revocable Living Trust is a legal entity that can be used to distribute assets, property, and belongings after the owner’s death. When you create a Revocable Living Trust, you transfer ownership of your assets directly into the Trust. You can then choose to manage the assets by acting as the Trustee, so long as you name a Successor Trustee for the future.
Because the Trust is revocable, you can change the terms of distribution at any point, unlike with an Irrevocable Trust. The benefit of this is that you can update your wishes to include new family members, beneficiaries, or anything else you need as life changes.
Why do I need it?
A Revocable Living Trust serves several purposes. First, it can speed up the distribution of assets to heirs. Assets you have transferred into the Trust can pass to your beneficiaries after death, instead of waiting for the Executor to act on the Will.
Second, Revocable Living Trusts can provide an additional degree of privacy to your estate plan. A Will enters the public record during probate, while Trust documents generally do not. Many families prefer this scenario, especially when dividing inheritances.
A Revocable Living Trust also helps if you become incapacitated. Your Successor Trustee can step in to manage the assets held in the Trust, often without the need for a court-appointed conservatorship.
How do I create it?
The setup process for a Revocable Living Trust is slightly more complex than the previously mentioned documents. You will need to list the assets you want included in the Trust, name specific beneficiaries, and draw up the Trust documents.
The next step is to actually transfer ownership of your assets, which can involve contacting banks, transfer agents, and more. You may also need to get new deeds for property placed in a Trust. Our platform provides guidance for each step of this process.
Advance Healthcare Directive
What is it?
An advance healthcare directive is a document outlining how you want medical decisions made on your behalf, should you become unable to make them yourself. These documents typically address a number of health scenarios, including organ donation wishes and resuscitation orders.
Why do I need it?
By using an advanced healthcare directive, you can guide your doctors and loved ones on the type of care you could one day receive. While these documents do not always come into play, having one in place can be a real comfort as you age.
Many individuals opt for an advance healthcare directive that states how they might want comfort care used, or outlines whether they would want to be placed on artificial nutrition (tube feeding). If you know how you feel about these concerns, creating a healthcare directive can help you protect your preferences.
How do I create it?
An advance healthcare directive is often created alongside a Will and involves designating a Medical Power of Attorney (more on that below). As you begin creating these documents, you can include specific information about your future healthcare wishes. When you create a Will or Trust-based estate plan with Trust & Will, an advance healthcare directive is included.
Power of Attorney
What is it?
A Power of Attorney (POA) is a legal document that appoints another individual in charge of your financial, medical, or other important decisions should you become unable to do so.
There are a few different types of POA, though the most common designation is a general POA. A general POA can act in a number of settings on your behalf, including to make gifts, conduct business transactions, and more.
Why do I need it?
A POA is a document most people hope they never need, but unexpected situations do occur. By designating a POA, you decide in advance that someone you trust will take over important decisions if anything happens to you.
Without this legal document, no one automatically has the authority to step in, even a spouse. Your family may need to go to court to be appointed before they can manage your affairs.
How do I create it?
After you decide who to designate as your POA, outline the decisions you want to entrust the individual with. You can then record these specifics in a legal form. State law determines the signing requirements, including whether the document needs to be notarized or witnessed.
A common route is to appoint a POA alongside the creation of your Will or advance healthcare directive. You can complete all of these documents online with Trust & Will.
Other estate planning documents to consider
There are a few additional estate planning documents you may want to include alongside the above items. These documents can make closing your estate easier and provide additional guidance to loved ones. While they are not necessary, the following documents are highly recommended:
Proof of identity documents: It is a good idea to place your Social Security card, birth certificate, and any legal documents pertaining to marriage or divorce together for your estate plan.
Insurance policy information: Any insurance policies, whether for life, home, or auto, can be important for your Executor to be aware of.
Banking and financial information: Create a list of your financial accounts and information for each institution. This includes credit cards, checking or savings accounts, loans, and any other account type.
Titles and property deeds: Keep property titles or deeds together with your estate plan, and keep ownership information updated to reflect yourself, your spouse, or your Trust (as needed).
A list of digital logins and passwords: Many people forget to account for phone, computer, email, and social media access when estate planning. These logins can be listed in a document stored securely alongside your estate plan.
Funeral instructions: Many individuals include funeral instructions within their Will, but if not, you can list them elsewhere in your estate plan. List your preferences regarding burial or cremation options, memorial services, or anything relating to these details.
Create your estate plan today
An estate planning checklist is a great way to guide your efforts as you take on this often intimidating process. There are numerous areas to address, ranging from future healthcare choices to life insurance policies to possible beneficiaries.
The contents of an estate plan will look a little different for everyone, but they all serve the same purpose of protecting your wishes for the future. From healthcare to finances, the above estate planning checklist covers the core components of a comprehensive estate plan.
At Trust & Will, our platform walks you through each step of the process so your documents reflect your final wishes. In the end, you will have a completed estate plan that can help protect your loved ones and legacy in the future. Take our free quiz to see where you should get started, or compare our different estate planning options today.
Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
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Last updated: September 1, 2026
