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Estate planning · Free guide + PDF checklist

Estate planning starter checklist

What to gather, who to choose, and what to write down before you meet with an attorney.

This page is general education, not legal advice. My Legacy Management is an insurance agency, not a law firm. Laws change and every family is different, so talk to a California-licensed attorney about your documents and a tax professional about taxes.

Last updated October 18, 2026Español

What should I gather before I start an estate plan?

Start with four things: a list of what you own and owe, the people you would trust to act for you, the beneficiaries named on your accounts and policies, and your wishes for health care and final arrangements. Then meet with a California-licensed attorney, who can turn those into a will or trust, a power of attorney, and a health care directive.

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Step by step

  1. Make a list of what you own and owe

    Write down bank, brokerage and retirement accounts, real estate, insurance policies, debts, and business interests, with the company and where the paperwork is kept.

  2. Check every beneficiary form

    Look at the beneficiary named on each retirement account, life insurance policy and annuity, and any payable-on-death or transfer-on-death designations. Make sure there is a backup, and that nobody named has died or changed.

  3. Choose the people

    Pick a first choice and a backup for your executor or successor trustee, your financial agent, your health care agent, and a guardian for minor children if you have any.

  4. Write down your wishes

    Note your funeral or burial preferences, your care preferences if you cannot speak for yourself, and who should receive items that matter to you.

  5. Gather your paperwork and your digital life

    Collect deeds, titles, existing wills or trusts, and key certificates. List your online accounts and a safe way to share access.

  6. Meet with a California-licensed attorney

    Bring the list, the beneficiary information and the names you chose. The attorney prepares the legal documents that fit your situation.

  7. Store originals and tell your people where they are

    Keep the originals somewhere safe and reachable, and make sure the people you named know where to find them.

The full checklist

Core documents (an attorney prepares these)

  • A will, a living trust, or both. Ask an attorney which fits your situation.
  • A durable power of attorney for finances.
  • An advance health care directive, which names who decides your medical care and records your wishes.
  • A HIPAA authorization so the people you choose can talk to your doctors.

The people who will act for you

  • Executor of your will or successor trustee: first choice and a backup.
  • Agent for your financial power of attorney: first choice and a backup.
  • Agent for your health care directive: first choice and a backup.
  • Guardian for minor children, if you have any.
  • Your professional contacts: attorney, tax preparer or CPA, insurance agent, financial advisor.

Beneficiaries (check these first)

  • The beneficiary on each retirement account, life insurance policy and annuity. These forms generally decide who receives the asset, even if your will says something different.
  • A backup (contingent) beneficiary on each one.
  • Payable-on-death or transfer-on-death designations on bank and brokerage accounts.
  • Whether anyone you named has died, divorced or changed since you filled out the form.

Money and property

  • Bank, brokerage and retirement accounts: company, type, and where statements go.
  • Real estate: address, how title is held, and who holds the loan.
  • Life, long-term care, annuity and other insurance policies: company and policy number.
  • Debts: mortgage, loans and credit cards.
  • Business interests, and who would run them.

Paperwork and digital life

  • Where the originals are: will, trust, deeds, vehicle titles, birth and marriage certificates, military discharge papers.
  • A list of your online accounts and a safe way to share access, such as a password manager with emergency access.
  • Who knows where everything is kept.

Your wishes

  • Funeral or burial preferences, and any prepaid arrangements.
  • Your care preferences if you cannot speak for yourself.
  • A letter of instruction to your family. It is not a legal document, but it helps with everything a will does not cover.
  • Items with sentimental value and who should receive them.

Keep it current

  • Review after a marriage, divorce, birth or adoption, a death in the family, a move, a large change in your assets, or a change in the people you named.
  • Otherwise, look it over every few years.

Why would an insurance agency help with this?

Life insurance, annuities and long-term care coverage all have beneficiaries and cash that belong on an estate checklist. We help with the insurance side and work alongside your attorney and tax professional for the rest. We do not draft wills, trusts or powers of attorney, and we cannot give legal advice.

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Common questions

Do I need a will or a trust?

It depends on your family, your property and your goals. A will says who receives what you own and who is in charge of settling your estate. A living trust can hold assets and may let some of them pass without going through court. A California-licensed attorney can tell you which fits you.

What is probate?

Probate is the court-supervised process for passing on a deceased person's property. Assets held in a trust, or that pass by a named beneficiary, generally do not go through it. The California Courts self-help site explains the process.

Does a beneficiary form override my will?

For retirement accounts, life insurance and annuities, the beneficiary form generally decides who receives the asset, even if your will says something different. That is why the checklist has you check those forms first.

How often should I update my estate plan?

Review it after major life events, such as a marriage, divorce, birth, a death in the family, a move, or a large change in your assets. Otherwise look it over every few years.

Is this legal advice?

No. This checklist is general education. My Legacy Management is an insurance agency, not a law firm. A California-licensed attorney prepares and advises on legal documents.

More free resources

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Sources

Public sources this page relies on. Rules and amounts can change, so check the source before you act.

Important disclosures

This page is general education, not legal advice. My Legacy Management is an insurance agency, not a law firm. Laws change and every family is different, so talk to a California-licensed attorney about your documents and a tax professional about taxes.