Estate Planning Checklist

A step-by-step estate planning checklist for US households, from writing a will to listing where every document is kept.

Published October 18, 2026

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Take Stock

List your assets: home, bank accounts, retirement accounts, investments, insurance, vehicles and business interests
List your debts, such as mortgage, loans and credit cards
Note how each asset is titled: sole name, joint, or with a beneficiary
Joint accounts with right of survivorship and payable-on-death accounts pass directly to the named person, outside your will.
Decide who should receive what, and who you trust to handle money and health decisions

Will

Write a will that names who inherits your property
Name an executor and a backup executor
Sign the will following your state's witness rules
Most states require two witnesses. Many also allow a self-proving affidavit signed before a notary, which can speed up probate.
Store the original somewhere safe that your executor can reach

Living Trust

Decide whether a revocable living trust fits your situation
Name a successor trustee to take over if you die or can't manage your affairs
Retitle assets into the trust, such as your home and bank accounts
An unfunded trust does little. Assets left in your own name may still go through probate.
Sign a pour-over will to catch assets left outside the trust

Beneficiaries

Check the primary and backup beneficiaries on every 401(k), IRA and pension
Check the beneficiaries on every life insurance policy, including any through work
Add payable-on-death or transfer-on-death beneficiaries to bank and brokerage accounts where offered
Remove an ex-spouse from beneficiary forms after a divorce
Don't assume a divorce removes them. Many employer retirement plans pay whoever is named on the form.
Avoid naming a minor child directly; ask about a trust or custodial account instead

If You Can't Decide for Yourself

Sign a durable financial power of attorney
Durable means it stays in effect if you lose capacity. Without one, your family may have to go to court to manage your money.
Name a health care proxy, also called a health care power of attorney
Complete an advance directive or living will that states your wishes for end-of-life care
Sign a HIPAA authorization so your agents can talk to your doctors
Give copies to your agents and your doctor

Children, Dependents and Pets

Name a guardian and a backup guardian for minor children in your will
Decide who will manage money left to your children until they are adults
Plan care for an adult dependent with special needs
Leaving money directly to someone who gets SSI or Medicaid can affect their benefits. Ask an attorney about a special needs trust.
Name a caregiver for pets and set aside money for their care

Digital Assets and Document List

List your online accounts, including email, banking, social media and cloud storage
Store passwords in a password manager and plan how a trusted person can get access
Set up legacy contacts where offered, such as on Apple, Google and Facebook accounts
Will and trust kept at: ____
Power of attorney and health care documents kept at: ____
Insurance policies, deeds and account statements kept at: ____
Attorney, financial advisor and accountant contact: ____

Review Triggers

Review after marriage, divorce, a birth or an adoption
Review after the death of a beneficiary, executor, guardian or agent
Review after moving to another state
Your documents usually stay valid, but power of attorney and health care forms may work more smoothly on your new state's forms.
Next scheduled review date: ____

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A basic estate plan has five parts: a will, up-to-date beneficiary forms, a durable financial power of attorney, a health care proxy and a living will. Parents of minors also name a guardian. Some people add a revocable living trust. Work through the checklist below, then keep a list of where each document lives.

Start with what you own and who should get it. Retirement accounts, life insurance and many bank accounts pass by beneficiary form or account title, not by your will. That is why checking those forms is often the most important step, and the easiest to skip.

This checklist is general information, not legal advice. Laws on wills, witnesses, trusts and probate vary by state. An estate planning attorney in your state can make sure your documents are valid and fit your situation.

FAQ

Do I need a trust or is a will enough?

A will is enough for many people. A revocable living trust can make sense if you own real estate in more than one state, want to avoid probate in a state where it is slow or costly, want privacy, or want someone to manage money for heirs over time. A trust only controls assets you retitle into it.

Does a will override a beneficiary designation?

No. Accounts with a named beneficiary, such as a 401(k), IRA or life insurance policy, go to the person on the form, even if your will says something different. Check these forms after any major life change.

What happens if I die without a will in the US?

Your state's intestacy laws decide who inherits, usually a spouse, children or other close relatives in a fixed order. A court appoints someone to manage the estate and, if you have minor children, decides who raises them.

How often should I update my estate plan?

Review it every three to five years and after any major event: marriage, divorce, a birth or adoption, a death in the family, a move to another state, or a large change in what you own.

Built from public guidance and kept up to date — how we write our checklists. Spotted a mistake? Tell us.