Estate planning checklist: the documents you need, and how to get them made

A short note before you start

This guide is general information for the United States, not legal, tax, financial or medical advice. Forms, witness and notarization rules, and dollar thresholds are set by each state, so confirm the specifics for where you live with your state bar association or a local attorney.

What is an estate planning checklist?

An estate planning checklist is the short list of legal documents that decide who manages your money and health care if you cannot, and who gets your property when you die. The National Institute on Aging groups this into two jobs: planning for your estate and finances, and planning for your future health care¹. What matters most is that the documents exist, are signed correctly for your state, and stay current. This checklist covers what you sign now; see the executor checklist for what a family does after a death.

The documents in a basic estate plan

Will

A will specifies how your property, money and other assets will be distributed and managed when you die, and can also address care for children under 18, adult dependents and pets, along with gifts and funeral wishes¹. If you die without one, called dying intestate, your state's default inheritance law decides who gets your property, not your family's preferences. Most states require the maker to be an adult of sound mind, and require the document to be signed and witnessed by at least two adults who are not beneficiaries; some states require three witnesses or a notary (NCOA, checked 2026-09-21). Illinois's own rule is one example: "The maker of a will must be 18 years old and be of sound mind and memory," and "must be witnessed by two witnesses in the special manner provided by law"⁵.

Revocable living trust

A living trust names and instructs a trustee to hold and distribute property and funds on your behalf when you are no longer able to manage your affairs, and after your death¹. Unlike a will, a trust can hold property before death, and assets you actually transfer into it, called funding the trust, generally avoid probate. A trust is optional: many people with simple estates use a will alone, while people with real estate in more than one state, or who want to avoid probate, often add one.

Financial power of attorney

A durable power of attorney for finances names someone who will make financial decisions for you when you are unable to¹. "Durable" means the authority continues if you become incapacitated. Without one, your family generally has to ask a court for authority over your finances, a slower, costlier process called conservatorship. It ends automatically the moment you die; see power of attorney ends at death for what happens next.

Health care directive: living will and health care proxy

An advance directive gives instructions for medical care and only goes into effect if you cannot communicate your own wishes. The two most common parts are a living will, which tells doctors which treatments you want or want to avoid, and a durable power of attorney for health care, which names a proxy to decide for you¹. See living will advance health care directive for state-by-state rules.

HIPAA authorization

A health care power of attorney names who can make medical decisions for you, but it does not by itself guarantee a hospital will hand over your records to someone else. Under HIPAA, a provider can share protected health information with a "personal representative," someone with documented legal authority to act on your behalf, or with anyone else you separately authorize in writing (HHS.gov, checked 2026-09-21). Many attorneys and online services bundle a HIPAA authorization with the health care directive for this reason; Trust & Will's own will package lists "Last Will & Testament, HIPAA Authorization, Living Will, Power of Attorney" as one bundle¹¹.

Beneficiary designations

Retirement accounts, life insurance, and payable-on-death bank accounts pass directly to whoever is named on the account's own beneficiary form, regardless of what your will says. A designation you signed years ago can override a more recent will. See beneficiary designations checklist for which accounts to check and how.

Guardianship nomination for minor children

If you have children under 18, naming a guardian is one of the most consequential parts of your will. The Illinois State Bar Association's guide explains that a will lets you "nominate the individual or individuals whom you would like the court to appoint as guardian of your children"⁵. The court has final say and applies a best-interest-of-the-child standard, but gives weight to the parent's nomination. If no guardian is named, a court chooses one with no input from you¹².

How to get these documents made: attorney vs online service

Online services genuinely work for a large share of people: NCOA notes that a will you draft yourself, including through an online tool, "is legally binding as long as it meets your state's basic requirements" (NCOA, checked 2026-09-21). Where they fall short is complexity: they are not built for tax planning, trusts for a beneficiary with special needs, or business succession, and a document not properly witnessed or notarized for your state can be challenged in probate court⁹. The Illinois State Bar Association puts the attorney case plainly: self-drafted documents commonly fail on "not having enough witnesses, improper execution of the documents by witnesses, failure to properly authenticate the signatures"⁵. A middle path many people use: draft with an online service for a low-cost baseline, then have a local attorney review the signing, witnessing, and anything involving a trust or a business.

When should you review or update your estate plan?

Review your plan at least once a year, and immediately after a marriage or divorce, a move to a new state (witness, notary and trust rules vary by state), a birth or adoption, the death of a spouse, executor, agent or named guardian, or a major change in your health or finances¹. The Illinois State Bar Association's guide adds a second trigger: "Changes in the law can also create a need to update your estate plan"⁵. A plan built years ago, before a remarriage or a move across state lines, can name the wrong people without you realizing it.

Step-by-step: building your estate plan

1. List what you own and owe: real estate, retirement and bank accounts, life insurance, a business if you have one, and major debts.
2. Decide if a will alone is enough, or if a revocable living trust fits your situation.
3. Choose your executor (named in the will) and, if you use a trust, your trustee.
4. Choose your financial power of attorney agent, someone you trust to manage money carefully.
5. Choose your health care proxy and write down your treatment wishes for the living will.
6. Sign a HIPAA authorization naming who can see your medical records and talk with your providers.
7. If you have minor children, name a guardian, and a backup guardian in case your first choice cannot serve.
8. Check and update beneficiary designations so they match your current wishes.
9. Sign everything according to your state's rules for witnesses and notarization; skipping this step is the most common reason a self-drafted document fails.
10. Store the originals somewhere safe and tell one trusted person where to find them. This is the kind of information a family guide, such as the one Omliva helps families build, keeps in one place; see your guide.
11. Set a reminder to review the whole plan every year, and after any major life event.

When to get professional help

Many people with a simple, single-state estate and no minor children can build a valid plan with an online service alone. Bring in an estate planning attorney if you own a business, own real estate in more than one state, want a trust for a minor or a beneficiary with special needs, expect a family dispute, or have an estate near your state's estate or inheritance tax threshold. A local attorney is also the right call if you are unsure whether your state requires notarization in addition to witnesses, since getting that wrong is the most common reason a will is challenged later.