
While getting your affairs in order may feel like a daunting task, it makes the grieving process and closing out an estate much easier for surviving children and heirs. They won’t have to untangle any accounts or wonder how you wanted your property or assets distributed. Instead, they can focus on grieving, supporting each other, and remembering the relationship you shared.
And yes, the process of putting your affairs in order will take time, but there’s good news! Below, you will find a checklist of important documents to gather as well as guidance regarding other estate planning topics you should consider. Let’s get started.
Step 1: Gather Important Information
The information and documents listed below will apply to most families. However, there may be additional documents that are important to your specific family. The list below is an excellent starting place and covers the vast majority of what you will need. However, take time to sit down and think through your situation. You may find more documents to include.
Checklist
- Full legal name
- Social Security number/card
- Address of legal residence
- Date and place of birth
- Names and addresses of spouse and children
- Birth and death certificates and certificates of marriage, divorce, citizenship, and adoption (whichever are applicable)
- Employers and dates of employment
- Education and military records
- Names and phone numbers of religious contacts (if applicable)
- Names and phone numbers of close friends, relatives, doctors, lawyers, and financial advisors
- Medications taken regularly (keep this updated!)
- Location of living will and other legal documents
- Sources of income and assets (pension from your employer, IRAs, 401(k)s, interest, royalties, etc.)
- Social Security and Medicare/Medicaid information
- Insurance information (life, health, long-term care, home, etc.) with policy numbers and agents’ names and phone numbers
- Copy of your most recent income tax return
- Location of your most up-to-date legal will with an original signature
- Liabilities, including property tax
- Mortgages and debts
- Location of original deed of trust for home
- Car title and registration
- Credit and debit card names and numbers
- Location of safe deposit box and key
Special note: It’s important to keep your documents safe, especially in the face of natural disasters. One way to keep your documents safe is to purchase a fire and water secure case. But whatever you choose, find a way to keep your documents secure and accessible in case of emergency.
Step 2: Consider Estate Planning
Estate planning is about ensuring that your wishes regarding your estate are carried out. While most of us don’t have a literal estate with a grand manor and a stable full of horses, we do all have an “estate.” In legal terms, an estate consists of everything you own – car, home, other real estate, bank accounts, investment accounts, 401(k)s, insurance policies, furniture, personal possessions, and even pets.
By determining what your wishes are, who will receive what and when, and who is responsible for executing your legal will, you participate in estate planning. If you are interested in estate planning, please review the questions below and determine if you have taken care of them fully.
1. Do you have a legal will?
Writing a legal will is one of the best things you can do for your family. To reduce the risk of misunderstandings, heartache, and the possible headache of taking your estate through probate court, it’s best if you clearly outline who gets what and when. If there is no legal will, the state may determine the distribution of your property and assets. So, if you don’t have a legal will, your assets may not go to your heirs, depending on your state’s current regulations. If you would like to write a legal will, first talk with an attorney or try out a web service that specializes in legal documents.
2. If you do have a legal will, have you appointed an executor? And does your chosen executor have access to and know where to find all of your important documents?
Above all, the executor of your will should be someone you trust. They will carry out the wishes outlined in your legal will to the letter.
3. Have you named your beneficiaries?
Beneficiaries are the people or organizations that will receive your assets and/or property after your death. In general, it is good practice to double-check your beneficiaries every few years. This includes beneficiaries on your legal will and on any life insurance policies you may have with the purpose of ensuring everything still reflects your wishes. Double-checking beneficiaries is especially important with blended families as divorce or remarriage could change your chosen beneficiaries. To learn more, read “Estate Planning for the Blended Family.”
4. Do you want or need a trust?
If you are unfamiliar with trusts, they are similar to a will. Both a will and a trust are meant to spell out your wishes regarding assets and property. The main difference between the two is that a will is effective only after you die and then must be probated (carried out) by the court system and your chosen executor. On the other hand, in the case of a trust, there is no need to go through the court system – your successor trustee (aka the executor) will carry out your wishes after your death as they are written in the trust.
Additionally, with a trust, your successor trustee can manage your financial, healthcare, or legal affairs if you become incapacitated while you’re living. Talk with an estate planner to see if this option is right for you. Typically, a trust is helpful for those with a large number of assets and property.
5. Have you considered your digital estate?
If you have used an email account, a networking website, or bought items online, you have a digital estate. It’s just as important to determine the future of your digital estate as your physical estate. For suggestions on how to manage your digital estate, please read “8 Tips for Managing Your Digital Estate” or “How to Make Digital Estate Planning Simple.”
6. Do you have any dependents (including pets)? Have you made your wishes clear regarding their well-being?
Most people know that they should indicate who will care for their dependents once they are gone. However, pets are also an important part of the family, and while we love them dearly, sometimes we overlook them in the estate planning process. To that end, make sure to include any veterinary documentation in your important paperwork and outline who should take over the care of your beloved animals.
Step 3: Look Into Advance Funeral Planning
No matter your level of interest, funeral planning needs to be on your list of things to do as you get your affairs in order. By writing down your funeral preferences ahead of time, you give your family a roadmap to honoring your life. Having this roadmap will take a burden off their shoulders and allow them to focus on loving and supporting each other.
For additional information on advance funeral planning, click on the links below:
- What is Advance Funeral Planning?
- 10 Reasons to Plan Ahead
- 6 Ways You Can Save Money with Funeral Preplanning & Prefunding
- What to Expect at a Preplanning Appointment
- How to Get Started with Funeral Preplanning
Step 4: Write Out Your Advance Care Directives (ACD)
In short, an advance care directive (ACD) ensures that, if you become incapacitated, your medical wishes are known and fulfilled. Two documents, the living will and the healthcare power of attorney, make up an ACD. Sit down with your doctor and those closest to you and discuss what your wishes are regarding medical care. For more information regarding preparation of your advance care directives, read “Developing Your Advance Care Directive.”
Step 5: Keep It Current
Once you have your affairs in order, keep them up-to-date and current, especially your legal documents, beneficiary information, and most recent tax return. Make sure to appoint a new executor if the one you have currently chosen moves away or is unable to fulfill his or her duties. If you move, update your current address on all your documents, policies, accounts, and assets. At the beginning, it’s quite an undertaking to gather all the information. But, once it’s together, updating is simple.
Also, you might consider holding a family meeting to go over your wishes and your estate. For some families, this may not be pleasant or even possible. But if you can schedule it, a family meeting is an excellent time to let everyone know how your assets are going to be distributed. By being proactive, you can answer questions, set expectations, and hopefully, prevent any family disagreements over your final wishes.
DISCLAIMER: Individual circumstances and state laws vary, so only undertake estate planning with the help and assistance of an attorney licensed in your state.