Estate planning

The 16 estate planning documents every family should have (and where to keep them)

A plain-English checklist of the will, trust, powers of attorney, healthcare directive, beneficiary designations and other papers your family needs — with who signs each one and how often to review it.

8 min readUpdated September 20, 2026
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Most families don't have an estate plan problem — they have a paperwork problem. The documents exist, but they live in five places, two are unsigned, and nobody but you knows which is current. This checklist walks through the 16 documents an executor, a hospital or a bank will actually ask for, grouped the way you'll need them.

Core documents (everyone, regardless of wealth)

  • Last will and testament — names an executor and guardians for minor children; must be signed with witnesses (and notarized in most states for a self-proving affidavit).
  • Revocable living trust — optional, but the fastest way to keep property out of probate; the trust document plus the deed or account titles that fund it.
  • Durable financial power of attorney — lets someone pay bills and manage accounts if you're incapacitated. Without it, your family petitions a court for conservatorship.
  • Healthcare power of attorney (proxy) — who speaks to doctors for you.
  • Advance healthcare directive / living will — the treatments you do and don't want.
  • HIPAA release — so the people above can actually get medical information.

Assets & accounts

  • Beneficiary designations for every retirement account, life-insurance policy and payable-on-death account. These override your will — a stale one is the single most common estate mistake.
  • Deeds and titles — home, vehicles, boats; plus mortgage statements.
  • Life, disability, umbrella and long-term-care policies with the current premium and renewal date.
  • A list of financial accounts with institution, last-4 and the account holder names (not passwords).
  • Business documents — operating agreement, buy-sell agreement, succession letter.

Family & wishes

  • Letter of intent — the plain-language note explaining your choices to your family.
  • Funeral and memorial wishes — burial or cremation, service preferences, prepaid arrangements.
  • Digital asset authorization — permission (many states require it in writing) for someone to access email, photos and online accounts.
  • Personal property memorandum — who gets the ring, the piano, the photo albums.
  • Emergency medical information sheet — medications, allergies, physicians, blood type.

Where should they live?

Originals of the will and powers of attorney belong somewhere accessible on a Tuesday afternoon — a home safe your executor can open, or your attorney's vault — not a bank safe-deposit box that is sealed on death. Every document should also exist as a scanned copy in one encrypted place your partner and executor can reach, with a note about where the original is.

How often to review

  1. Every 3 years, or after any life event: marriage, divorce, birth, death, a move to a new state, a new business, a large inheritance.
  2. Beneficiary designations annually — a 10-minute task that prevents the most expensive mistakes.
  3. Powers of attorney every 5 years; some banks refuse older documents.

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Sources · checked September 2026
  1. Estate Planning FAQs · American Bar Association
  2. Retirement topics — Beneficiary · IRS
  3. Managing someone else's money (power of attorney guides) · Consumer Financial Protection Bureau
  4. Revised Uniform Fiduciary Access to Digital Assets Act · Uniform Law Commission

Where this guide states a rule, deadline or dollar figure, it comes from one of the references above. Links open the primary source so you can check the current wording.

This guide is general information about personal records and planning, not legal, tax or financial advice. Laws vary by state; talk to a licensed professional about your situation.

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