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 specifics 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 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 happens 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, dependents and pets, plus gifts and funeral wishes¹. Die without one, called dying intestate, and your state's default inheritance law decides who gets your property. Most states require the maker to be an adult of sound mind, signing in front of at least two witnesses who are not beneficiaries; a few require three (NCOA, checked 2026-09-21). Illinois requires the maker to be "18 years old and be of sound mind and memory," witnessed "by two witnesses in the special manner provided by law"⁵. California and Texas set the same two-witness rule, under Probate Code Section 6110 and Estates Code Section 251.051; neither requires notarizing the will itself¹⁷,¹⁸. Notarization is for an optional self-proving affidavit instead, a sworn witness statement that lets a will skip a witness's later court appearance¹⁵; see our witnesses for a will guide.

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 transferred into it, called funding the trust, generally avoid probate. A trust is optional: many simple estates use a will alone; 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, called conservatorship. It ends at death; see power of attorney ends at death.

Health care directive: living will and health care proxy

An advance directive gives instructions for medical care and only takes effect if you cannot communicate your 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.

HIPAA authorization

A health care power of attorney names who can make medical decisions for you, but does not by itself guarantee a hospital will hand over your records. Under HIPAA, a provider can share protected health information with a "personal representative," someone with documented legal authority to act for you, 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 reason¹¹.

Beneficiary designations

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

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 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 applies a best-interest standard but gives weight to the nomination; if none is named, a court chooses with no input from you¹².

Digital assets and online accounts

A will or power of attorney does not automatically give anyone access to your email, photos or online accounts. Most states have adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, a Uniform Law Commission model law letting you use a platform's own tool, such as Apple's Legacy Contact or Google's Inactive Account Manager, to name who can access an account; without one, the law looks to your will or power of attorney next¹². See Apple Legacy Contact and Google Inactive Account Manager and digital will, and keep a list of which accounts exist, not the passwords.

State estate and inheritance taxes

A state tax can apply well below the federal threshold: twelve states plus DC levy their own estate tax, with 2026 exemptions from $1,000,000 in Oregon to $15,000,000 in Connecticut, and five states levy an inheritance tax instead, paid by the recipient; Maryland levies both¹⁴. See our inheritance tax by state guide.

How to get these documents made: attorney vs online service

Online services work for many people: NCOA notes a self-drafted will, including online, "is legally binding as long as it meets your state's basic requirements" (NCOA, checked 2026-09-21). They fall short on complexity: not built for tax planning, special-needs trusts or business succession, and an improperly witnessed document can be challenged in probate court⁹; see contesting a will. The Illinois State Bar Association puts the attorney case plainly: self-drafted documents commonly fail from "not having enough witnesses, improper execution of the documents by witnesses, failure to properly authenticate the signatures"⁵. A middle path: draft online, then have a local attorney review the signing.

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 health or financial change¹. 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.

Step-by-step: building your estate plan

1. List what you own and owe: real estate, retirement and bank accounts, life insurance, any business, and major debts.
2. Decide if a will alone is enough, or if a trust fits.
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 with money.
5. Choose your health care proxy and write down your treatment wishes.
6. Sign a HIPAA authorization naming who can see your records and talk with providers.
7. If you have minor children, name a guardian and a backup guardian.
8. Check and update beneficiary designations to match your current wishes.
9. Sign everything according to your state's rules for witnesses and notarization; skipping this 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; see where to keep important documents. This is the kind of information a family guide, such as the one Omliva helps families build, keeps in one place.
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 special-needs trust, expect a dispute, or have an estate near your state's tax threshold.