10/09/2026
A will and beneficiary forms decide where property goes after death. A durable power of attorney and a health care directive cover the time when you cannot speak for yourself. A file tells family where those papers are.
The will is the best known of the five. It says who gets the property in your name when you die, and it can name who cares for children under 18. Without one, your estate is divided according to your state's laws, which follow family relationships rather than your wishes. A will does not keep an estate out of probate court. Keep the signed original somewhere it can be found.
Beneficiary forms are the ones people forget. Life insurance, retirement accounts and bank accounts set up to pay on death go straight to the person named on the form, without probate, and they pass that way with or without a will. A form filled out years ago and never updated can send an account somewhere a newer will never intended, so a divorce or another big change in life is the moment to pull them up again.
A durable power of attorney for finances names the person who runs your money when you are unable to: paying bills, managing accounts, handling the bank. If a lawyer drafts it, ask about the fee before the appointment.
A health care directive covers the medical side. A living will tells doctors which treatments you would want or refuse if you cannot communicate, and a durable power of attorney for health care names a proxy to decide for you. Without one, state law decides who makes those calls, usually a spouse, parents or adult children. Most states offer the forms free, and they can be completed without a lawyer. Medicare covers a conversation about advance care planning at the yearly wellness visit, at no cost when the provider accepts assignment.
The fifth is not a legal document at all. It is a file, or even a notebook, that tells family where everything is: the will, the policies, the bank and retirement accounts, the deed, the safe deposit box and the people to call. Keep it somewhere safe, and tell one person you trust where to find it.
None of these is permanent. Review them at least once a year and after any major life event, like a divorce, a move or a change in health, so the documents still match the life they describe.
Source: National Institute on Aging, Getting Your Affairs in Order Checklist (reviewed Feb. 1, 2023) and Advance Care Planning: Advance Directives for Health Care (reviewed Oct. 31, 2022); California Courts Self-Help Guide, When formal probate may not be needed; Texas RioGrande Legal Aid via Texas Law Help, Estate Planning (reviewed Sept. 27, 2022); Medicare.gov, Advance care planning coverage.
Educational information only, not financial, tax, legal, or investment advice. Estate and health care laws vary by state, so confirm your own documents with an attorney in your state.