Estate Planning Checklist: 12 Things to Do Before You Need To
Most people treat estate planning as a single task. Write a will. Done.
But a will is only one piece of the puzzle. A complete estate plan covers your legal documents, your financial aaccounts, your property, your digital life, your final wishes, and the system that ties it all together. Skip any of those and your family is left guessing.
This checklist walks through all 12 things you need to do, in the order that makes sense to tackle them.
1. Write a Will
A will is the legal document that directs where your assets go after you die and who is responsible for carrying out your wishes (your executor). If you have minor children, your will also names their guardian.
Without a will, your state decides all of that for you through a process called intestate succession. The state does not know your family dynamics, your relationships, or your intentions. It follows a formula.
If you do not have a will yet, this is the most important item on this list. An estate attorney can draft a basic will in one or two appointments.
2. Create a Durable Power of Attorney
A durable power of attorney (POA) authorizes someone you trust to manage your financial affairs if you become incapacitated. Without one, your family may need a court order just to pay your bills or access your accounts while you are still alive.
The word “durable” is important. A regular power of attorney becomes void if you become incapacitated. A durable one remains in effect specifically for those situations.
3. Set Up a Healthcare Directive
A healthcare directive (also called a living will) documents your wishes for medical treatment if you cannot communicate them yourself: resuscitation preferences, life support decisions, organ donation, and comfort care.
Without a healthcare directive, your family must make these decisions under enormous pressure, often without knowing what you would have wanted. That uncertainty creates guilt and conflict, sometimes permanently.
4. Name a Healthcare Proxy
A healthcare proxy (also called a medical power of attorney) names a specific person to make medical decisions on your behalf. A healthcare directive tells them what to decide. A healthcare proxy names who decides.
You need both. The directive handles situations it specifically addresses. The proxy handles everything else.
5. Consider a Trust
A trust holds assets on behalf of your beneficiaries, managed by a trustee you name. Trusts avoid probate (the court process that validates a will) and give you more control over how and when assets are distributed.
Not everyone needs a trust. But if you own real estate in multiple states, have a large estate, want to provide for a minor child or a family member with special needs, or want to avoid probate, a trust is worth discussing with an estate attorney.
6. Review All Beneficiary Designations
Retirement accounts (401k, IRA, pension) and life insurance policies pay directly to whoever is named as beneficiary, bypassing your will entirely. If your beneficiary designations are outdated, the wrong person may get the money regardless of what your will says.
Common mistakes: naming a deceased parent, a former spouse, or a partner you are no longer with. Review all designations and update them after any major life event.
7. Audit Your Life Insurance
Do you have enough coverage? Is it still appropriate for your situation? Does your family know what policies exist, who to call, and how to file a claim?
Many families miss out on life insurance payouts simply because they did not know the policy existed. Document every policy: company name, policy number, agent contact, and instructions for filing a claim.
8. Create a Complete Asset Inventory
Make a list of everything you own and where it is:
- Bank accounts: institution, account type, account number
- Investment and brokerage accounts
- Retirement accounts (401k, IRA, pension)
- Real estate: address, mortgage lender, account number
- Vehicles: title location and any outstanding loans
- Safe deposit box: which bank, which branch, where the key is
- Valuable personal property: jewelry, art, collectibles
9. Document Your Digital Life
Your digital footprint includes online banking, email, social media, streaming subscriptions, domain names, and anywhere else you have an account. Most cannot be accessed or closed without login credentials.
Document every digital account you have, the username and password, and your wishes for what should happen to it. Store this securely, not in a plain text document anyone can read.
10. Gather Your Property Documents
Make sure you can locate:
- Real estate deeds
- Vehicle titles
- Mortgage or lease agreements
- Property tax records
- Homeowner or renter insurance policy
These documents are needed by your executor to manage your estate. If they cannot find them, the process slows down significantly.
11. Write a Letter of Instruction
A letter of instruction is an informal document (not legally binding) that covers everything your will does not: funeral preferences, sentimental items, contact information for your attorney and accountant, and anything you want your family to know.
Think of it as the human companion to your legal documents. Your will handles the legal side. Your letter of instruction fills in the rest.
12. Put It All in One Place
All of this work means nothing if your family cannot find it. Every document needs a home, and at least one trusted person needs to know where that home is.
That means one organized system: a binder, a storage box, or a kit that holds your legal documents, financial records, insurance policies, and digital account details together. Not scattered across filing cabinets and email inboxes.
The Orderly Affairs kit is built exactly for this. Fifty-seven pre-labeled folders, instruction sheets for both you and your family, a USB drive for digital files, and a lockable storage box that keeps everything together.
How Often Should You Update Your Estate Plan?
Review your estate plan whenever a major life event occurs: marriage, divorce, the birth of a child, the death of a beneficiary, a significant change in assets, or a move to a new state. Beyond that, a review every three to five years is a reasonable habit.
The most common mistake is treating estate planning as a one-time event. It is a system you maintain, not a box you check once.
Frequently Asked Questions
What is the most important part of estate planning?
The most important single document is a valid will, because without one the state makes decisions about your estate and your minor children. But a complete estate plan requires more: a durable power of attorney, a healthcare directive, updated beneficiary designations, and an organized system so your family can actually find and use everything you have prepared.
Do I need an attorney to do estate planning?
You need an attorney to create or update legal documents: a will, trust, power of attorney, and healthcare directive. You do not need an attorney to organize your financial accounts, document your digital life, or gather your property records. Much of estate planning is organization, and that part you can handle yourself.
How much does estate planning cost?
A basic will typically costs between $300 and $1,000 through an attorney, depending on complexity and location. A full estate plan with a trust, POA, and healthcare directive can range from $1,500 to $5,000 or more. Online legal services offer lower-cost options for straightforward situations.
At what age should I start estate planning?
As soon as you have anything to protect or anyone who depends on you. That might be your early twenties if you have a job and any savings, or when you get married, have children, or buy a home. There is no minimum age. There is a real cost to waiting.
What happens if I move to a different state?
Wills and powers of attorney are generally valid across state lines, but each state has its own requirements. If you move, review your estate planning documents with an attorney in your new state to confirm everything is still valid and appropriate.