Estate planning checklist — two words that sound complicated but really just mean a simple list of documents that protect you and your family. Every adult over 18 needs these papers in place. Without them, courts and strangers may end up making decisions about your money, your medical care, and your children. The good news is that a basic estate planning checklist is not hard to put together. Most people can complete theirs in a few weekends.
When and Why You Need an Estate Planning Checklist
Many people think estate planning is only for the rich. That is a myth. If you own anything — a car, a savings account, a house — you have an estate. Your estate planning checklist makes sure those things go where you want. It also names someone to speak for you if you cannot speak for yourself.
Life events should trigger a review of your checklist. Getting married, having a baby, buying a home, or going through a divorce all change what your documents need to say. In most cases, reviewing your estate planning checklist every three to five years is enough. However, any major life change calls for an immediate update.
Without these documents, your state’s default laws take over. For example, if you die without a will in Florida, your spouse may not inherit everything — your children could receive a share automatically. A solid estate planning checklist prevents surprises like that.
What to Include in Your Estate Planning Checklist
Your checklist should cover seven core documents. Not every person needs all seven, but most adults need at least five. Here is what each one does and why it matters.
1. Last will and testament. This names who gets your property and who raises your minor children. 2. Durable financial power of attorney. This lets someone you trust pay bills and manage money if you become unable to do so. 3. Healthcare power of attorney (healthcare proxy). This names someone to make medical decisions for you. 4.
Living will or advance directive. This spells out your wishes for life-sustaining treatment. 5. HIPAA authorization. This lets doctors share your medical information with people you choose. 6. Beneficiary designations. These apply to retirement accounts, life insurance, and payable-on-death bank accounts. 7. Revocable living trust (optional). This can help your family avoid probate in many states.
Requirements for signing these documents vary by state. The table below shows will-signing rules in five large states.
| State | Witnesses needed | Notarization required? | Handwritten will accepted? |
|---|---|---|---|
| California | 2 (disinterested) | No | Yes |
| Texas | 2 (age 14+) | No | Yes |
| Florida | 2 (in each other’s presence) | No | No |
| New York | 2 (testator must declare it is a will) | No | No (except military) |
| Illinois | 2 | No | No |
Sample Template You Can Adapt
Use this checklist template to track your progress. Print it out or copy it into a document. Check off each item as you complete it.
Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.
ESTATE PLANNING CHECKLIST
Prepared by: [Your Full Name]
Date started: [Date]
State of residence: [Your State]
County: [Your County]
SECTION 1 — CORE DOCUMENTS
☐ Last will and testament
— Executor named: [Full Name of Executor]
— Alternate executor: [Full Name of Alternate]
— Guardian for minor children: [Full Name of Guardian]
— Alternate guardian: [Full Name of Alternate Guardian]
— Signed with [number per your state law, typically 2] witnesses on [Date]
— Self-proving affidavit attached: ☐ Yes ☐ No
☐ Durable financial power of attorney
— Agent named: [Full Name of Agent]
— Alternate agent: [Full Name of Alternate]
— Notarized on [Date] (recommended in all states)
— Witnesses present: [Name 1], [Name 2] (if required by [Your State] law)
☐ Healthcare power of attorney / healthcare proxy
— Healthcare agent named: [Full Name]
— Alternate agent: [Full Name]
— Signed on [Date] with [2] witnesses
☐ Living will / advance directive
— Wishes for life-sustaining treatment documented: ☐ Yes
— Wishes for artificial nutrition and hydration documented: ☐ Yes
— Signed on [Date] with [2] witnesses
— Notarized: ☐ Yes ☐ No (check [Your State] requirements)
☐ HIPAA authorization
— Authorized persons: [Name 1], [Name 2], [Name 3]
— Signed on [Date]
SECTION 2 — BENEFICIARY DESIGNATIONS
☐ 401(k) / 403(b) — beneficiary: [Name], contingent: [Name]
☐ IRA / Roth IRA — beneficiary: [Name], contingent: [Name]
☐ Life insurance policy #[Policy Number] — beneficiary: [Name]
☐ Payable-on-death bank accounts — beneficiary: [Name]
☐ Transfer-on-death brokerage accounts — beneficiary: [Name]
SECTION 3 — OPTIONAL BUT RECOMMENDED
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☐ Revocable living trust
— Trustee: [Name], successor trustee: [Name]
— Assets retitled into trust: ☐ Real estate ☐ Bank accounts ☐ Investments
☐ Letter of intent (personal wishes, funeral preferences, passwords)
☐ Pet care instructions and designated caretaker: [Name]
SECTION 4 — STORAGE AND ACCESS
Original documents stored at: [Location, e.g., fireproof safe, attorney’s office]
Copies given to: [Name 1], [Name 2]
Attorney contact: [Name, Phone, Email]
Financial advisor contact: [Name, Phone, Email]
REVIEW SCHEDULE
Next review date: [Date, typically 3–5 years from signing]
Review triggers: marriage, divorce, birth, death, move to new state, major asset change
How to Make It Valid in Your State
Each document on your estate planning checklist has its own signing rules. For wills, nearly every state requires two witnesses. Louisiana is the only state that requires notarization of the will itself. However, adding a self-proving affidavit — a notarized statement from your witnesses — is strongly recommended everywhere. It speeds up probate because the court does not need to track down your witnesses later.
For a durable power of attorney, most states require notarization. In Florida, you also need two witnesses in addition to a notary. As a result, many attorneys recommend notarizing your power of attorney regardless of state requirements. Banks and financial institutions routinely refuse to honor a power of attorney that is not notarized.
Healthcare directives typically need two witnesses. Some states — including Missouri, North Carolina, and South Carolina — require both witnesses and a notary. Store your originals in a fireproof location and give copies to your healthcare agent, your attorney, and your primary care doctor.
State Estate Tax Thresholds to Keep in Mind
The 2026 federal estate tax exemption is $15,000,000 per person. Most families will never owe federal estate tax. However, twelve states and Washington, D.C., impose their own estate taxes with much lower thresholds. If you live in one of these states, your estate planning checklist should include a conversation with a licensed attorney about tax-reduction strategies.
| State | 2026 exemption | Top tax rate |
|---|---|---|
| Oregon | $1,000,000 | 16% |
| Massachusetts | $2,000,000 | 16% |
| Washington | $3,076,000 | 20% |
| Illinois | $4,000,000 | 16% |
| New York | $7,350,000 | 16% |
Frequently Asked Questions
Do I need a lawyer to complete my estate planning checklist?
You can create basic documents on your own using your state court’s self-help forms. However, if you own property in more than one state, have blended-family concerns, or live in a state with its own estate tax, working with a licensed attorney is a good idea. Typically, a basic estate plan costs between $300 and $1,500 depending on complexity and location.
What happens if I die without any of these documents?
Your state’s intestacy laws decide who inherits your property. A court will also choose who manages your estate and — if you have minor children — who raises them. In most cases, this process takes longer, costs more, and may not reflect your wishes. An estate planning checklist helps you avoid that outcome entirely.
How often should I update my estate planning checklist?
Review your documents every three to five years at a minimum. Update them immediately after any major life event — marriage, divorce, a new child, a death in the family, or a move to a different state. Also review your beneficiary designations annually, since these override your will and are easy to forget.
Planning ahead? Check your life insurance too
A will decides who gets what — life insurance decides how your family pays the bills while the estate settles. It is worth checking that your coverage and beneficiaries are up to date.
Find Your State’s Exact Rules
Probate cost, small-estate limits, intestate shares, and estate-tax rules all change from state to state. Pick your state to see the exact figures that apply where you live.
See Wills & Probate Rules for Every State →
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed June 2026. If you notice outdated information, please contact us.
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- Comparison Guides
- Estate Planning Glossary
Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.