Estate Planning Documents You Need in Your State

Your estate planning documents are an important part of planning for you and your family. When you’re putting together these documents, you’ll want to make sure you meet the requirements for your state. 

While states don’t mandate that you have estate planning documents, they have rules about how they need to be completed.  If you don’t have any estate planning documents in place when you pass or if they weren’t completed correctly, state law determines where your assets go. Here's what your estate plan should include, and how to find out what you need in your state. 

For help completing or reviewing your estate plan, and to make sure you have the life insurance you need to protect your family, talk to Farm Bureau.

Estate Planning Documents Checklist

What estate planning documents do you need? Not everyone needs all of these, but the most common ones include:

Last Will and Testament

A last will and testament document outlines how you would like your assets to be distributed after you pass. This document names a person, called an executor, to carry out your wishes. The last will and testament also appoints guardians for your children if they are minors.

See these last will and testament state-by-state guidelines.

Living Trust

A living trust holds your property so it can be distributed after your death without going through probate court. You may be able to establish a living trust in a state that’s not the one where you live, which could provide more privacy, better protection for your assets, lower taxes, or other benefits.

Read these tips about creating a living trust.

Power of Attorney

With power of attorney, someone you trust has the legal authority to make your financial decisions on your behalf if you are not able to do so.

Read these state-by-state guidelines concerning power of attorney.

Health Care Power of Attorney

This document gives someone you trust the authority to make medical decisions on your behalf if you aren’t capable of making those decisions yourself. It’s often combined with an advance directive or living will that outlines your wishes regarding medical care.

Review health care power of attorney state-by-state guidelines.

Life Insurance Policies

Life insurance provides income to your family in the event of your death. State laws, not federal laws, outline the rules for life insurance policies.

Get life insurance guidelines for every state.

Other State Estate Planning Resources

Some online searches can help you find more details about your state’s requirements. Searching phrases like these may help you find information from state bar associations or court systems:

• “Estate planning in [your state]”
• “Will requirements in [your state]”
• “Advance directives in [your state]”
• “Durable power of attorney in [your state]”

Get more detailed information about your state’s estate planning guidelines. 

Keep in mind that you may need to meet the requirements for more than one state, especially if you live in one state and work in another, or if you get health care in a state other than the one where you live.

Get Professional Guidance Designing or Reviewing Your Estate Plan

Putting together an estate plan can be a challenge, but you don’t have to do it on your own. When planning or regularly revisiting your estate plan, reach out to Farm Bureau for help.