General Review Checklist for Both Will and Trust
The following checklist is intended for general informational purposes only. It has been compiled from various sources, including research, personal experiences, and expert guidance. It is not intended to be, and should not be construed as, legal advice. The use of this checklist does not create a lawyer-client or any other professional relationship between you and the authors or any parties associated with this content. For specific legal advice tailored to your personal situation, we strongly recommend consulting with a qualified legal professional who specializes in estate planning.
Personal Information
Review and confirm your full name, address, and date of birth.
Ensure your spouse/partner’s and children’s information is accurate.
Double-check guardianship designations for minor children (if applicable).
Executor (Will) / Trustee (Trust)
Verify that the person you’ve appointed as executor or trustee is still appropriate.
Consider naming a backup executor or trustee in case your first choice is unavailable or unable to serve.
Ensure the person has agreed to take on this responsibility.
Beneficiaries
Confirm that all your beneficiaries are up-to-date (spouse, children, charities, etc.).
Double-check that the percentage or specific bequests match your current wishes.
Review and update beneficiaries on life insurance policies, retirement accounts, and other payable-on-death assets.
Assets
Ensure all significant assets (real estate, bank accounts, investments) are listed.
Check that any newly acquired assets (new property, vehicles, business ownership) are included.
Include any family heirlooms, jewelry, or sentimental items and assign them to specific people if desired.
Make sure all digital assets (email, social media, cryptocurrency, online accounts) are addressed in your estate plan.
Debts and Liabilities
List all outstanding debts (mortgages, credit cards, personal loans).
Specify who is responsible for paying off debts after your passing and if you want certain assets used for this purpose.
Funeral and Burial Instructions
Ensure any wishes about your funeral, cremation, burial, or memorial service are clearly stated.
Consider prepaying for funeral costs or setting aside funds for final expenses.
Health Care and End-of-Life Decisions
Verify the accuracy of your health care proxy, medical power of attorney, and living will.
Ensure the person you’ve designated as your healthcare agent is still someone you trust and is aware of your medical preferences.
Update any end-of-life decisions in your living will, especially if your health or preferences have changed.
Language
Review the language used to ensure there are no ambiguities or outdated terms.
Confirm that your will/trust complies with your state’s laws, especially if you’ve moved to a different state.
If using a trust, make sure it’s funded correctly (assets should be titled in the name of the trust).
Specific Items to Review in Your Will:
Asset Distribution
Review how your estate is divided among beneficiaries and adjust as needed.
Consider adding provisions for gifts to charity or other causes.
Determine whether any property should be sold or kept by a specific family member.
Guardianship Provisions
Reassess your guardianship designations for minor children or dependents with special needs.
Choose a backup guardian if your first choice is no longer suitable.
Special Bequests
Ensure personal items (heirlooms, jewelry, collections) are assigned to the correct individuals.
Update any charitable bequests, if you wish to make donations to specific causes or organizations.
Trust Provisions (if applicable)
If you have a trust, review the terms of the trust to ensure it aligns with your current intentions.
If you wish to change the way assets are distributed (e.g., staggered distributions for children), update the trust terms accordingly.
Revisit your trust’s successor trustee and backup trustee choices.
Specific Items to Review in Your Trust:
Funding of the Trust
Ensure that all assets are properly titled in the name of the trust, including real estate, bank accounts, and investment accounts.
Review any property that should be added to or removed from the trust.
Confirm that your trust holds the correct assets for easy distribution without needing to go through probate.
Distribution Instructions
Check the provisions for when and how your beneficiaries will receive their inheritance (e.g., immediately, over time, or upon reaching a certain age).
Add or remove any assets from the trust if your circumstances have changed (e.g., selling or acquiring property).
Special Provisions
Consider creating provisions for special needs beneficiaries, such as a special needs trust, if applicable.
Review any instructions for the care of pets or family members with special needs.
Ensure the language in the trust reflects your desires regarding how your assets should be used (e.g., educational funds for grandchildren, care for elderly parents, etc.).
Successor Trustee
Review and confirm the appointment of your primary and backup successor trustees.
Ensure your chosen trustees are aware of their responsibilities and are willing to take them on.
Dispute Resolution Provisions
If desired, include language for how disputes among beneficiaries will be handled, such as through mediation or arbitration, to avoid litigation.
Review Checklist for Digital and Non-Tangible Assets:
Digital Accounts
Review online accounts such as social media (Facebook, Instagram, Twitter), email, and other important digital assets (cryptocurrency, domain names, etc.).
Designate a “digital executor” to manage your online assets, including handling your passwords and instructions for deleting or maintaining accounts.
Digital Estate Plan
Create a list of all digital accounts, login information, and instructions for each, and keep it in a secure place.
Review and update this list regularly to account for any new online services you may have subscribed to.
Final Steps:
Consult an Attorney
We always encourage you to consult an estate planning attorney to ensure that the legal language is clear and your documents are legally sound.
Sign and Witness Documents
Make sure your will or trust is signed, dated, and witnessed in accordance with your state’s laws.
If you’ve made changes, ensure the proper amendments are executed.
Store Documents Safely
Store your will, trust, and related documents in a safe, accessible place. Consider a safe deposit box, fireproof home safe, or a secure digital vault.
Ensure that your executor, trustee, or trusted family members know where to find your documents and how to access them when needed.
Communicate Your Plan
Have a conversation with your loved ones about your wishes, so they’re not caught off guard and understand where to find your estate planning documents.
If necessary, give them a brief overview of your estate plan to avoid confusion later.
Disclaimer: The information provided in this wills and trusts checklist is intended as a general guide to help you begin your end-of-life planning process. We are not legal professionals, and the content provided is based on our own research, personal experiences, and expert advice we have received. While we strive to offer accurate and helpful information, this checklist does not constitute legal advice. It should not be relied upon as a substitute for consulting with a qualified legal professional. We strongly recommend seeking advice from an attorney who specializes in estate planning to ensure that your wills, trusts, and other legal documents are properly drafted and meet your specific needs.
