In 2020 many families who had put off making a will suddenly decided they could not wait any longer. Lawyers reported a surge in requests, and states scrambled to let people sign documents without meeting in person. The basic documents have not changed, and they are worth having whatever the circumstances.
The core documents
- A will. Says who receives your property and who manages your estate (the executor or personal representative). For parents of minor children, it is also where you nominate a guardian. Without a will, state intestacy rules decide who inherits.
- A durable power of attorney. Names someone to handle your finances if you cannot. "Durable" means it continues if you lose capacity.
- A health care power of attorney or proxy, and an advance directive. Name someone to make medical decisions for you and record your wishes about treatment, including life support.
- Beneficiary designations. Retirement accounts, life insurance and some bank accounts pass to the people named on the account, regardless of what your will says. These forms are often out of date.
- A trust, where appropriate. A revocable living trust can avoid probate and manage property for children or people who need support. Not everyone needs one.
What the pandemic changed
Traditional rules require wills to be signed in front of witnesses and, for some documents, a notary. In 2020 many states issued emergency orders or passed laws allowing remote notarisation or witnessing by video. Some of those changes were temporary; others became permanent, and a growing number of states now allow remote online notarisation. Because the rules differ by state, a document signed remotely should follow the law of the state where it is signed.
Common mistakes
- Forgetting to update documents after marriage, divorce, a death or a move to another state.
- Leaving beneficiary designations that contradict the will.
- Naming a single person to every role without a backup.
- Not telling anyone where the documents are kept.
A note on cost
Simple estate plans need not be expensive, and legal aid organisations and bar association referral services can help people on lower incomes. Online templates exist but are easy to get wrong in ways that only become apparent after death, when they can no longer be fixed.
Sources
General information about the law as it stood when this page was updated, not financial, tax or legal advice. Rules and limits change; check the official source or a qualified adviser before acting.