Omliva organizes practical information. This guide is general information for the United States, not legal, tax, financial or medical advice.
Two kinds of planning: legal documents and practical information
Legal documents give someone the authority to act. They are signed, witnessed, and sometimes notarized. Without them, a court or a state law decides who is in charge.
Practical information is what your family needs to do the job: which bank you use, where the deed is, who the vet is, how the mortgage gets paid. None of it needs a lawyer. All of it needs to be written down where your family can find it.
| Legal document | What it does | Works while alive? | Works after death? |
|---|---|---|---|
| Will | Names who inherits, an executor, a guardian for minor children, a caretaker for pets | No | Yes |
| Revocable living trust | Holds property; a successor trustee steps in during incapacity or after death; avoids probate for what is in it | Yes | Yes |
| Durable financial power of attorney | Names an agent to handle money and property if you cannot | Yes | No, ends at death |
| Health care directive (living will plus health care proxy) | States the care you want and names who decides if you cannot | Yes | No |
| HIPAA release | Lets named people talk to your doctors and see records | Yes | Limited |
| Beneficiary designations (retirement, life insurance, POD and TOD accounts) | Pass those assets directly to named people, outside the will | No | Yes |
A common misunderstanding: a power of attorney is for life, not death. The Consumer Financial Protection Bureau's guide for agents says "the authority of an agent under a durable power of attorney ends when the principal dies" (CFPB, checked 2026-09-17). After death, the executor takes over. You need both roles filled.
Step 1: Put the legal documents in place
Will
The National Institute on Aging describes a will as the document that says how your property, money, and other assets "will be distributed and managed when you die," and adds that "if you do not have a will, your estate will be distributed according to the laws in your state" (National Institute on Aging, checked 2026-09-17). You sign in front of at least two adult witnesses who do not inherit. "A will doesn't have to be notarized to be valid. But in most states, you'll want to add a 'self-proving affidavit' to your will, which must be signed by your witnesses and notarized" (Nolo, checked 2026-09-17).
Durable financial power of attorney
A power of attorney is "a legal document that allows someone else to act on your behalf," and a durable one "continues to be effective even if you become incapacitated" (CFPB, checked 2026-09-17). Some banks have their own forms. Ask each one now whether it will accept yours.
Health care directive
The two most common advance directives are a living will and a durable power of attorney for health care, which names your health care proxy. If you have no directive, "the state laws where you live will determine who may make medical decisions on your behalf" (National Institute on Aging, checked 2026-09-17). No lawyer is needed. CaringInfo offers free state forms and notes that "the states vary in their requirements for witnesses, notarization and other specifics" (CaringInfo, checked 2026-09-17). Give copies to your proxy and your doctor.
HIPAA release
A valid authorization must be "written in plain language" and include what information may be shared, who may share it, who may receive it, the purpose, an expiration date or event, and your signature and date (45 CFR 164.508, via Cornell Legal Information Institute, checked 2026-09-17). It lets the people you name get hospital updates even before your proxy's authority kicks in.
Beneficiary designations
Retirement accounts, life insurance, annuities, and payable-on-death accounts go to whoever is on the form, not whoever is in the will: "Beneficiary designations supersede will and trust provisions" (Fidelity, checked 2026-09-17). Pull a current copy of every form and check the names.
Living trust (optional)
A living trust "names and instructs a person, called the trustee, to hold and distribute property and funds on your behalf when you are no longer able to manage your affairs" (National Institute on Aging, checked 2026-09-17). It only covers assets that have been retitled into it.
Step 2: Record the practical information your family will need
Use the National Institute on Aging's list as a floor. Record where each item lives, not just that it exists.
Identity and personal records
- Full legal name, Social Security number, date and place of birth, legal residence
- Location of birth, marriage, divorce, citizenship, adoption, and military records
Key people
- Spouse, children, executor, agents, health care proxy, successor trustee, with phone numbers
- Doctors, lawyer, accountant, financial advisor, insurance agents, clergy, close friends
Money, income, and insurance
- Every bank, brokerage, and retirement account: institution and how to reach it
- Pension, Social Security, annuities, rental income; most recent tax return and who prepared it
- Life, health, long-term care, home, and auto policies with insurer, policy number, and agent
Property, debts, and bills
- Deeds, mortgage servicer, property tax, vehicle titles, safe deposit box and who has a key
- Loans and credit cards: "what is owed, to whom, and when payments are due" (National Institute on Aging, checked 2026-09-17)
- Utilities, phone, streaming, memberships, and which account pays each one
Digital life
- The accounts that matter: email, phone carrier, cloud storage, photos, social media, online banking
- How your family gets in: your password manager's emergency access, plus legacy contacts on Apple, Google, and Facebook
- What to do with each account: keep, memorialize, download, or close
Pets and medical
- Vet, medications, food, and who has agreed to take each animal
- Prescriptions, allergies, conditions, health insurance, and where your living will, health care power of attorney, and any DNR or POLST order are
Wishes and letters
- Burial or cremation, service preferences, organ donation, any prepaid funeral contract
- A letter of instruction with "an inventory of assets and a list containing names, addresses, and phone numbers of your various advisors" (Fidelity, checked 2026-09-17)
Where each original document is
- Will, trust, powers of attorney, health care directive, HIPAA release, and the lawyer who drafted them
Omliva builds this half by asking guided questions and turning the answers into a printed and digital family guide. A notebook or spreadsheet works too. What matters is that it exists and someone knows where it is.
Step 4: Review it on a schedule
Both halves go stale. "Many estate plans no longer meet their creators' original intent due to a lack of routine updating" (Fidelity, checked 2026-09-17).
- Practical information: once a year. Tax week is a natural date; every statement is already in front of you.
- Legal documents: every 3 to 5 years. "It's a good practice to review your estate plan every 3 to 5 years" (Vanguard, checked 2026-09-17).
- Right away after: marriage, divorce, a birth or death, a move to another state ("one state's advance directive does not always work in another state," CaringInfo, checked 2026-09-17), a new home or business, retirement, a serious diagnosis, or a named person who can no longer serve.
Common mistakes
- Passwords in a binder. Anyone who finds it has your whole life. Use a password manager's emergency access instead. With Bitwarden, "the grantor may manually approve the request at any time, otherwise the request is bound by a grantor-specified wait time" (Bitwarden, checked 2026-09-17).
- Out-of-date beneficiaries. An ex-spouse on a 401(k) form usually wins over the will.
- Nobody knows where the will is. A signed original nobody can find helps no one.
- An untested power of attorney. Ask your bank now whether it will honor the document.
- No HIPAA release. Adult children may be unable to get a status update from the hospital.
- No instructions for the first two weeks. The executor needs death certificates ("up to 10 or more copies," AARP, checked 2026-09-17), must report the death to Social Security, and should tell one credit bureau, which "will tell the others" (AARP, checked 2026-09-17).
- Forgetting the taxes. The final Form 1040 "is generally due on April 15 following the year of death" (IRS Publication 559, checked 2026-09-17), and an estate with gross income of $600 or more for the year must file Form 1041 (IRS Instructions for Form 1041, checked 2026-09-17).
When to get professional help
See an estate planning attorney if you own a business or property in more than one state, have assets near your state's estate tax threshold (several states tax estates far below the federal $15 million), have a blended family or a child with a disability who receives benefits, want to leave someone out, are naming a trust as a beneficiary, or expect a dispute. Your state or county bar association can refer you and point to free legal aid. Your doctor can walk through the medical choices in a health care directive.
The master checklist
Print this and check items off.
Legal documents
Practical information
Storage, sharing, review
Frequently asked questions
What is the difference between a will and an estate plan?
A will is one document. An estate plan is the whole set: will or trust, financial power of attorney, health care directive, HIPAA release, and beneficiary designations, plus the practical information that lets someone carry it out. Many people have a will and nothing else, which leaves the incapacity documents missing.
Do I need a lawyer to get my affairs in order?
Not always. Health care directives are free state forms, and the National Institute on Aging says "you do not have to involve a lawyer in creating your advance directives for health care" (checked 2026-09-17). A will and power of attorney can be done with software in simple situations. Business ownership, property in several states, blended families, or large estates are reasons to hire an attorney.
How often should I update my end of life plan?
Review the practical information every year and the legal documents every 3 to 5 years, and sooner after a marriage, divorce, birth, death, move to another state, or big change in health. Beneficiary forms deserve a look every year because they override the will.
Where should I keep my will and other documents?
In one place at home that is protected from fire and water, with copies in encrypted digital storage shared with your executor. If the original is in a safe deposit box, keep copies at home and make sure someone else is authorized to open the box.
What happens if I die without a will?
Your state's intestacy law decides who inherits and a court appoints an administrator. Assets with beneficiary designations or joint owners still pass directly to those people. A will does not avoid probate, but it lets you choose the executor, the beneficiaries, and a guardian for minor children.
Does a power of attorney work after death?
No. Both the CFPB and Nolo confirm a durable power of attorney ends at death (checked 2026-09-17). After death, the executor named in the will, or a court-appointed administrator, handles the estate.
Is the $255 Social Security death payment automatic?
No. A surviving spouse, or in some cases a child, must apply, and "you must apply for this payment within 2 years of the family member's death" (Social Security Administration, checked 2026-09-17). Call 1-800-772-1213 or apply through the SSA website.
Sources
- National Institute on Aging, "Getting Your Affairs in Order Checklist: Documents to Prepare for the Future," https://www.nia.nih.gov/health/advance-care-planning/getting-your-affairs-order-checklist-documents-prepare-future, checked 2026-09-17
- National Institute on Aging, "Advance Care Planning: Advance Directives for Health Care," https://www.nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care, checked 2026-09-17
- Consumer Financial Protection Bureau, "What is a power of attorney (POA)?," https://www.consumerfinance.gov/ask-cfpb/what-is-a-power-of-attorney-poa-en-1149/, checked 2026-09-17
- Consumer Financial Protection Bureau, "Managing Someone Else's Money: Help for agents under a durable power of attorney," https://pueblo.gpo.gov/CFPBPubs/pdfs/CFPB160.pdf, checked 2026-09-17
- Nolo, "How to Sign Your Will: The Will-Signing Ceremony," https://www.nolo.com/legal-encyclopedia/how-sign-your-will-the-will-signing-ceremony.html, checked 2026-09-17
- Nolo, "Durable Financial Power of Attorney: How It Works," https://www.nolo.com/legal-encyclopedia/durable-financial-power-of-attorney-29936.html, checked 2026-09-17
- Cornell Legal Information Institute, "45 CFR § 164.508, Uses and disclosures for which an authorization is required," https://www.law.cornell.edu/cfr/text/45/164.508, checked 2026-09-17
- Fidelity, "Estate plan: Checklist and important last steps," https://www.fidelity.com/learning-center/personal-finance/estate-plan-checklist, checked 2026-09-17
- Vanguard, "Estate Planning Checklist and Basics," https://investor.vanguard.com/investor-resources-education/article/estate-planning-basics, checked 2026-09-17
- Medicare.gov, "Advance care planning coverage," https://www.medicare.gov/coverage/advance-care-planning, checked 2026-09-17
- CaringInfo (National Alliance for Care at Home), "Download and Complete Your State or Territories' Advance Directive Form," https://www.caringinfo.org/planning/advance-directives/by-state/, checked 2026-09-17
- IRS, "What's New: Estate and Gift Tax," https://www.irs.gov/businesses/small-businesses-self-employed/whats-new-estate-and-gift-tax, checked 2026-09-17
- IRS, "Publication 559 (2025), Survivors, Executors, and Administrators," https://www.irs.gov/publications/p559, checked 2026-09-17
- IRS, "Instructions for Form 1041," https://www.irs.gov/instructions/i1041, checked 2026-09-17
- Social Security Administration, "Lump-sum death payment," https://www.ssa.gov/personal-record/when-someone-dies/lump-sum-death-payment, checked 2026-09-17
- AARP, "Here's Everything You Need to Do When a Loved One Dies" (updated May 7, 2026), https://www.aarp.org/family-relationships/when-loved-one-dies-checklist/, checked 2026-09-17
- Caring.com, "2025 Wills and Estate Planning Study," https://www.caring.com/resources/wills-survey, checked 2026-09-17
- Bitwarden, "About Emergency Access," https://bitwarden.com/help/emergency-access/, checked 2026-09-17