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What documents should every basic estate plan include?

On Behalf of Horvath & Pelkey, LLP | Jan 9, 2026 | Estate Planning

Creating a basic estate plan helps you decide what happens to your property and medical care if life takes an unexpected turn. Without written instructions, Indiana law makes those choices for you. A small set of documents gives you clarity and control.

A last will and testament

A will explains how you want your property distributed after death. You can name beneficiaries, choose a personal representative, and select guardians for minor children. Indiana requires specific signing and witnessing rules, so proper execution matters.

A durable power of attorney

A durable power of attorney lets someone you trust handle your financial affairs if you cannot act on your own. This authority can include paying bills, managing investments, and handling real estate. You decide when the authority begins and how much power the agent holds. Without this document, your family may need court involvement to manage finances.

A healthcare power of attorney

A healthcare power of attorney allows you to name a person to make medical decisions if you cannot communicate. This agent can speak with doctors, review treatment options, and consent to care that matches your wishes.

A living will

A living will describes your preferences for end-of-life medical treatment. It addresses life-prolonging procedures in specific situations. Indiana law recognizes living wills as guidance for healthcare providers. This document works alongside a healthcare power of attorney rather than replacing it.

Beneficiary designations and related records

Some assets transfer outside a will, including retirement accounts and life insurance policies. Beneficiary designations control who receives those assets. Reviewing them helps ensure they match the rest of your plan. Updated records prevent delays and unintended outcomes.

Bringing the estate plan together

Basic estate planning works best when all documents align. Life changes such as marriage, divorce, or the birth of a child often call for updates. Reviewing your plan’s documents from time to time helps keep it consistent with your goals.

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