Every estate plan is different, so the documents you need for your estate plan may be different than what someone else needs. However, many estate plans consist of a will and/or trust, a healthcare directive and a durable power of attorney.

A healthcare directive tells your medical providers what type of medical treatment you want in certain situations. This helps you communicate your wishes if you are unable to. You can also name a trusted person to make important medical decisions for you.

A durable power of attorney is a legal document that gives a person you name the right to handle your financial affairs and make financial decisions on your behalf. The term “durable” means that the person will continue to have this right even if you become disabled. Having a durable power of attorney in place can help you ensure there is a plan in case you become incapacitated and can avoid the expensive process of appointing a guardian or conservator.

Estate planning lawyers know the particular rules of the state where your plan is made. They also know what specific language is required to make valid provisions. They can discuss your specific situation so that a plan can be tailored to your needs. If you prepare your own documents, you may not use the proper language or follow the proper protocol, which can result in your documents becoming invalidated by a court and lead to unforeseen consequences.

A trust is a legal document that passes assets to a trustee who holds these assets for the benefit of a beneficiary.

A revocable living trust is the most common type of trust. You can create it and make changes as often as you like during your lifetime. You maintain control over the assets. It is different than an irrevocable trust, which generally cannot be revoked and requires you to give away control of the trust assets.

A trust can help you avoid probate by transferring your assets to it so that when you die, your estate does not technically own them. It can also help you to get assets to your family faster after you pass away. It also provides instructions on how your property should be managed and allows you to create a plan for incapacity.

If your assets are in a revocable living trust, they are still fairly easy to control and manage. You transfer property to the trust through a title or deed. However, your assets are treated like any other asset you own. You can name yourself as the trustee during your lifetime so that you still have full control over your trust assets.

A will is a legal document that only becomes effective at the time of your death. It is admitted to probate court and becomes a public record. It transfers ownership of your probate assets to the people you name as beneficiaries.

A trust becomes effective immediately after you create it. It provides for the private administration of your assets and includes instructions on how your trust assets should be managed.

A trust is privately administered, so your financial affairs do not become a matter of public record. Using a trust can allow your loved ones to receive property faster since they do not have to wait for the conclusion of the probate process. A trust can help you avoid probate while a will cannot.

A pour over will is a document that is used in conjunction with a trust. It instructs that any property you own at the time of your death be transferred to your trust. The trust then instructs how this property is controlled and distributed. This helps ensure that all of your property is managed through the trust in case any property was left out of the trust or you accumulated it after the formation of the trust or at the time of your death.

A will is a legal document that says what will happen to your property after you pass away. You have several options for dividing your property, including naming a single person to inherit everything, splitting up your property in equal or separate parts to several people, or naming a charity to receive your property. You can also name a guardian who will care for your minor children and an executor to carry out the instructions in your will.

The assets of your estate will pass by the laws of intestate succession, which are the default rules when there is no will. For example, in California if you die without a will, your spouse and children will receive your property. If you don’t have a spouse or children, your parents would receive your property. If you have no surviving parents, then your property is distributed to other family members, starting with those in the closest degree of relationship to you (like your siblings) and then to more distant relatives (like your aunt or your former brother-in-law from your deceased spouse).

Not necessarily. In California, your spouse is entitled to only ½ of your portion of the community property and ½ of your separate property if you have a surviving child or parent.

Naming a guardian for your minor child in your will tells the court who you trust to fulfill this important role. After you pass away, the person you named will need to file a petition with the court to be appointed the legal guardian so that he or she will have the legal right to make decisions on behalf of your child. By naming a person you trust, you may be able to avoid someone else being appointed as the guardian.

You must sign your will in front of two witnesses after declaring that it is your will and that you want them to witness your signature. The witnesses must also sign the will in front of each other.

Probate is the legal process of distributing your estate after you die. It is a process that is supervised by the court and includes taking an inventory of the assets your estate owns, giving notice of your death to beneficiaries, heirs and creditors, paying claims to creditors, and distributing your assets. Having a will does not help you avoid probate, but it does say what should happen during the probate process.

Probate assets are what your estate owns after you die. Non-probate assets are those that pass outside of the probate process, such as property owned as joint tenants with the right of survivorship or that have a beneficiary designation attached to them.