Documents to discuss with your estate planning attorney

Use this list to prepare for a conversation with an estate planning attorney. The documents you need depend on your circumstances and state law.

Essential Documents

1. Last Will and Testament

Your will specifies how your assets should be distributed, names guardians for minor children, and designates an executor to manage your estate.

2. Revocable Living Trust

A trust can help your estate avoid probate, maintain privacy, and provide more control over how and when assets are distributed to beneficiaries.

3. Financial Power of Attorney

This document names someone to handle your financial affairs if you become incapacitated — paying bills, managing investments, and filing taxes on your behalf.

4. Healthcare Power of Attorney

Also called a healthcare proxy, this names someone to make medical decisions for you if you're unable to communicate your wishes.

5. Living Will / Advance Directive

This document spells out your wishes for end-of-life medical care, including life support, resuscitation, and organ donation preferences.

Financial Planning

• [ ] Review and update beneficiary designations on all accounts
• [ ] List all assets: bank accounts, investments, real estate, vehicles
• [ ] Document all debts: mortgages, loans, credit cards
• [ ] Review life insurance coverage — is it still adequate?
• [ ] Consider long-term care insurance
• [ ] Review retirement account strategies for tax efficiency
• [ ] Document digital assets and online accounts

New for 2026

Digital Estate Planning

The federal estate tax exemption for 2026 has changed significantly. Consult with an estate planning attorney or financial advisor to understand how this affects your plan.

Digital Assets

Don't forget to include:

• Cryptocurrency wallets and exchange accounts
• Social media accounts and preferences for memorialization
• Cloud storage accounts
• Digital subscriptions and licenses
• Domain names and websites

Getting Started

The best time to create an estate plan was yesterday. The second best time is today. Find a trusted estate planning professional near you and schedule a consultation.