Omliva organizes practical information. This guide is general information for the United States, not legal, tax, financial or medical advice.
A short note before you start
This guide is general information for the United States, not legal, tax, financial or medical advice. A letter of instruction is a personal document, not a legal form, so there is no single required format. Where state law does matter, such as whether a handwritten note could be read as a will, check your state court's self-help probate site or ask an estate planning attorney.
What is a letter of instruction?
A letter of instruction is a plain-language document, written in your own words, that tells your executor and family what they need to settle your affairs and carry out your personal wishes. Ohio State University Extension's fact sheet describes it as a document that "can contain whatever you wish, and it can be typed or handwritten," with no attorney required1.
It is sometimes called a "letter of last instructions," a "personal instruction letter," "notes for my executor," or a what my family needs to know list. All describe the same kind of document: a practical companion to your legal documents, not a legal document itself.
What a letter of instruction is not
- A will. It cannot leave property to anyone, name a guardian, or override a beneficiary form.
- A power of attorney. It gives no legal authority to act on your behalf, before or after death.
- A substitute for updating your accounts. Naming someone in the letter does not change who is on file with a bank or insurer.
Why a letter of instruction is not legally binding
No state requires a letter of instruction, and no court enforces one. Ohio State University Extension is direct about this: "there is no legal requirement for a letter of instruction, and it is not legally binding"1. Nobody has to follow anything written in it.
In practice, families usually do follow it anyway, because it reflects the person's own words at a time when everyone else is uncertain what to do. The same guide observes that the "desire of the family to carry out the wishes of the deceased is so strong that the letter of instruction carries authority despite its lack of legal backing"1. It works because it is trusted, not because it is enforceable.
It cannot override a beneficiary form
A retirement account, brokerage account, or life insurance policy passes to whoever is named on the beneficiary form on file with that company, regardless of what the will or letter of instruction says. FINRA puts it plainly for brokerage accounts: "a TOD plan or other beneficiary document supersedes your will"2. To change who inherits an account, update the beneficiary form itself with the institution. Use the letter only to list where these accounts are and who the current beneficiaries are, so your family can check.
Do not accidentally write a will
Because a letter of instruction has no required format, it is tempting to write something like "I want Sarah to have my wedding ring." Be careful: handwritten, unwitnessed wills, known as holographic wills, are legally valid in roughly half of US states3. A letter that is entirely in your own handwriting, signed, and reads like a plan for who gets specific property could be mistaken for one of these; see holographic wills for which states recognize them. Keep specific bequests in your will, not the letter, and note at the top of the letter that it is "not a will and not intended to have legal effect."
Letter of instruction vs. will vs. power of attorney
| Letter of instruction | Will | Power of attorney | |
|---|---|---|---|
| Legally binding | No | Yes | Yes, while you are alive |
| When it applies | After death, sometimes during incapacity | After death only | Only while you are alive |
| Who must follow it | No one; it is followed voluntarily | The executor and probate court | The named agent, within its terms |
| Needs a witness or notary | No | Usually, rules vary by state | Usually, rules vary by state |
| What it can do | Explain wishes, list accounts, give context | Distribute property, name a guardian, name an executor | Let someone pay bills or make decisions for you |
| What it cannot do | Distribute property or name an executor | Cover anything after your assets are already distributed | Act after you die4 |
What to include in a letter of instruction
Ohio State University Extension groups the contents into four broad categories: contact information, the location of important papers, asset information, and arrangements already made1. Here is how that breaks down in practice.
People to contact
- Immediate family, close friends and clergy, with phone numbers
- Your executor, and a backup if the first choice cannot serve; see the executor checklist for what you are asking them to do
- Your estate attorney, financial advisor, accountant and insurance agent
- Your employer or former employer, for final pay and benefits
- Your funeral home, if you have already chosen one
Money and accounts
- Every bank, credit union, brokerage and retirement account, with the institution name and account type (not the login)
- Named beneficiaries on retirement accounts, brokerage accounts and life insurance, since these forms control regardless of the will2; see the beneficiary designations checklist
- Recurring bills and subscriptions your family will need to cancel or continue
- Outstanding debts: mortgage, car loan, credit cards, medical bills
- Safe deposit box location, and where the key is kept
- Any account the family might lose track of: dormant funds are turned over to the state, not lost, and can be searched free at unclaimed.org11
Where documents are kept
- Location of the original will, trust documents and any letters testamentary already issued
- Location of deeds, vehicle titles, insurance policies and past tax returns; see where to keep important documents for how to organize these
- Birth certificate, marriage certificate, divorce decree, military discharge papers (DD-214)
Digital life
List the accounts that matter, without writing down the passwords themselves5. For each major provider, note whether you have set up a legacy tool:
- Apple: a Legacy Contact, added in Settings under Sign-In & Security, can later request photos, messages, notes and device backups6
- Google: Inactive Account Manager lets you name up to 10 people to receive selected data after a period of inactivity you choose7
- Where your password manager is, and who has emergency access
- Domains, loyalty points and any cryptocurrency wallets
The digital legacy checklist covers all ten categories in depth; note that even a court-appointed executor generally cannot get message content from a provider without your advance written consent8.
Pets
Note who has agreed to take each pet, their vet's contact information, medications, feeding routine and temperament, so care does not stall while the family is in shock.
Personal wishes and messages
- Funeral or memorial preferences: burial or cremation, readings, music, who to invite. Two-thirds of Americans say sharing funeral wishes matters, yet only about one in five have done so9
- Anatomical or organ donation wishes, if not already recorded elsewhere
- What powers of attorney and health care directives you have signed, and where the originals are
- Short personal messages to family; save anything longer and more reflective for a separate keepsake letter, since this document is meant to be scanned quickly
How to structure the letter
A letter of instruction reads better as labeled sections than as a single narrative:
- Opening note. What this document is, that it is not a will, and where the actual will is kept.
- Contacts. Family, executor, professionals, funeral home.
- Money and accounts. Institutions, account types, beneficiaries, debts.
- Documents. Where each original and copy is stored.
- Digital life. Accounts, legacy tool status, password manager location.
- Property and pets. Real estate, vehicles, valuables, pet care.
- Personal wishes. Funeral preferences, organ donation, any messages.
- When to get help. Names and numbers of your attorney and accountant.
Write each section as a short list rather than full sentences; your executor needs to scan this under pressure, not study it.
Letter of instruction template
Copy these labeled headings into a blank document and fill in what applies to you; leave a heading marked "not applicable" rather than deleting it.
LETTER OF INSTRUCTION - Written by: [name] - Date: [date] (not a will, no legal effect)
Will is kept: [location]
CONTACTS: family, executor + backup, attorney, accountant, advisor, funeral home [names, phones]
MONEY AND ACCOUNTS: bank/brokerage/retirement accounts [institution, type], named beneficiaries, bills, debts, safe deposit box [bank, key location]
DOCUMENTS: will/trust/letters testamentary, deeds/titles/policies/tax returns, birth/marriage/divorce/military records [locations]
DIGITAL LIFE: password manager [location], Apple Legacy Contact set up [yes/no], Google Inactive Account Manager set up [yes/no], other accounts that matter
PROPERTY AND PETS: real estate/vehicles [location], valuables, pet care instructions and vet contact
PERSONAL WISHES: funeral/memorial preferences, organ donation, POA/health directive locations, messages to family
WHEN TO GET HELP: attorney and accountant [names, phones]
Where to keep it
Keep the letter with your other estate planning documents, not locked away where only you can reach it. Give a copy, or tell the location, to your executor and at least one trusted family member. Because it changes more often than a will, many people keep the original will with an attorney but keep the letter of instruction somewhere they can update it themselves, and note in the will's paperwork where to find it. See where to keep important documents for how to weigh a home safe, a bank box, and digital storage.
Don't lock the only copy in a safe deposit box
A safe deposit box is a poor home for the letter itself. The CFPB's planning guide for older adults advises that you "make a list of the locations of your safe-deposit boxes, including where the keys to the safe-deposit boxes are located" and share it in advance4; keep the letter itself somewhere reachable immediately, such as a home fireproof safe.
How a family guide plays this role
A letter of instruction and a family guide solve the same problem: turning what is in your head into something your family can use. A letter of instruction is usually a single document you write once and revise by hand. A generated family guide, such as the one Omliva helps you build by answering questions over time, organizes the same information (contacts, accounts, documents, digital life, pets, wishes) into a structured, large-type guide that stays current as your answers change. See your guide for how that works.
When to get professional help
Writing the letter itself does not require a lawyer. Bring in an estate planning attorney if you are unsure whether something belongs in the will instead of the letter, or if you live in a state that recognizes holographic wills and worry a family member could argue your letter was meant to be one. Bring in a financial advisor if you are not sure which accounts have named beneficiaries at all. Bring in a CPA if the letter needs to reference significant tax records or business interests.
Frequently asked questions
Is a letter of instruction legally binding?
No. No state requires one and no court enforces it, so an executor or family member is not obligated to follow anything written in it. In practice it carries weight anyway, because families generally choose to follow the wishes of the person who wrote it1.
What is the difference between a letter of instruction and a will?
A will is a legal document that a probate court enforces: it distributes property, names an executor and can name a guardian for minor children. A letter of instruction has no legal effect and cannot do any of those things; it explains and organizes information the will leaves out, such as where accounts are and what your personal wishes are.
Does a letter of instruction need to be signed or notarized?
No. There is no required format. Some people sign and date it for clarity about when it was last updated, but a signature does not make it legally binding, and you should avoid writing it in a way that could be mistaken for a will.
Can a letter of instruction change who inherits my retirement account?
No. Beneficiary designations on retirement accounts, brokerage accounts and life insurance policies control regardless of what a will or letter says; FINRA describes these forms as superseding a will2. Update the beneficiary form itself with the institution.
Should I put my passwords in a letter of instruction?
How often should I update my letter of instruction?
Review it at least once a year and after any major change: a new account, a new pet, a move, a marriage or divorce, or a new beneficiary designation. Because it has no legal formality, updating it is as simple as replacing the page.
Who should get a copy of my letter of instruction?
Your executor and at least one other trusted adult, often a spouse or adult child. Tell them where the current version and the original will are kept; a copy that nobody can find is no better than no letter at all.
What happens to a safe deposit box after someone dies?
It is not automatically accessible, and the rules for what a bank requires vary by bank and by state. Check your state court's self-help probate page and ask the bank directly what it needs before assuming you can open the box. Keep the letter of instruction itself somewhere your executor can reach right away, not inside the box.
How do I find unclaimed money or property left by someone who died?
Search the free tool at unclaimed.org, run by the National Association of Unclaimed Property Administrators, which links to every state's official unclaimed property database11. Dormant accounts and forgotten insurance proceeds go to the state, not oblivion.
Sources
- Ohio State University Extension (Ohioline), ohioline.osu.edu: Basic Estate Planning: Letter of Instruction Checked 2026-09-18
- FINRA, finra.org: Plan Now to Smooth the Transfer of Your Brokerage Account Assets on Death Checked 2026-09-18
- Nolo, nolo.com: Holographic Wills Checked 2026-09-18
- Consumer Financial Protection Bureau, files.consumerfinance.gov: Help for Agents Under a Power of Attorney (Managing Someone Else's Money) Checked 2026-09-18
- National Institute on Aging, nia.nih.gov: Getting Your Affairs in Order Checklist: Documents to Prepare for the Future Checked 2026-09-18
- Apple Support, support.apple.com: How to add a Legacy Contact for your Apple Account Checked 2026-09-18
- Google Account Help, support.google.com: About Inactive Account Manager Checked 2026-09-18
- Uniform Law Commission, uniformlaws.org: The Revised Uniform Fiduciary Access to Digital Assets Act: A Summary Checked 2026-09-18
- National Funeral Directors Association, nfda.org: Americans Embrace Digital Funeral Planning While Still Seeking Professional Guidance, New NFDA Consumer Awareness and Preferences Study Reveals Checked 2026-09-18
- Consumer Financial Protection Bureau, consumerfinance.gov: Planning for diminished capacity and illness Checked 2026-09-24
- National Association of Unclaimed Property Administrators, unclaimed.org: unclaimed.org Checked 2026-09-24
