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Estate planning isn't just for the wealthy. If you have a bank account, a car, a child, or strong opinions about your medical care, you need these documents. The average person puts this off for years, usually because hiring an estate attorney feels expensive and complicated. LawDepot changes that equation by offering state-specific, lawyer-reviewed templates you can complete in minutes.
This guide covers the five most important estate planning documents you can create today: a revocable living trust, health care directive, codicil, end-of-life plan, and affidavit. Each one serves a specific purpose, and together they give your family clear instructions when they need them most.
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A revocable living trust is the cornerstone of a solid estate plan. Unlike a will, a trust doesn't go through probate court. Your assets pass directly to your named beneficiaries, privately and quickly, without a judge involved. You stay in control of the trust while you're alive and can change or cancel it at any time.
This document is particularly useful if you own real estate, have a blended family, or want to protect a beneficiary who isn't good at managing money. You can name a successor trustee who takes over management if you become incapacitated, which a will simply can't do. If you create only one estate planning document, make it this one.
Who needs it: Anyone who owns property, has minor children, or wants to avoid probate and keep their affairs private.
What to include: A list of assets to fund the trust, beneficiary names, your chosen successor trustee, and any conditions on distributions (such as "when my child turns 25").
A health care directive, sometimes called a living will or advance directive, tells doctors exactly what medical treatment you want if you can't speak for yourself. It covers decisions about life support, resuscitation, pain management, and organ donation. Without one, your family is left to guess, and medical professionals are legally required to do everything possible to keep you alive.
This document doesn't require any assets or complex legal knowledge to complete. It's a straightforward form that records your wishes about end-of-life medical care. Most estate attorneys say it's the single most important document you can create, regardless of your age or financial situation. You can also name a health care proxy who makes decisions for you if your situation isn't covered by the directive.
Who needs it: Every adult over 18. Medical emergencies don't wait for the right time.
What to include: Your preferences on life-sustaining treatment, resuscitation, organ donation, and the name of your health care proxy.
A codicil is a legal amendment to an existing will. Instead of tearing up your will and starting over, a codicil lets you make a specific change while leaving everything else intact. If you got married, had another child, or changed your mind about who gets your grandmother's china, a codicil is the clean solution.
To be valid, a codicil must be signed and witnessed with the same formality as the original will. LawDepot's template includes the proper execution language for your state so you don't risk creating a document that gets thrown out in probate. Keep the codicil with your original will and make sure your executor knows where to find both.
Who needs it: Anyone who has an existing will and needs to make a limited, specific change without a full rewrite.
What to include: A clear reference to the original will, the specific clause being changed, and the new language replacing it.
An end-of-life plan goes beyond the legal mechanics of a will. It captures everything your family needs to know when you're gone: account information, passwords, funeral preferences, messages you want to leave behind, and the location of all your important documents. It's less a legal document and more a practical guide that prevents your family from spending months piecing things together during an already difficult time.
Most people don't create one because thinking about it is uncomfortable. But ask anyone who's had to settle a parent's estate without one and they'll tell you it's one of the most loving things you can do for the people you'll leave behind. You don't have to be old or sick to create this. You just have to be thoughtful.
Who needs it: Anyone who doesn't want their family scrambling to find account numbers, contact lists, or funeral preferences at the worst possible moment.
What to include: Financial accounts, digital accounts and passwords, funeral wishes, contacts, and the location of your will and other legal documents.
An affidavit is a written sworn statement of fact that carries legal weight. In estate planning, affidavits often appear during the transfer of small estates, when heirs need to claim property without going through full probate. A small estate affidavit, for example, can let you claim a bank account or vehicle title if the estate value falls below your state's threshold, typically $50,000 to $150,000 depending on where you live.
Affidavits are also used to establish identity, confirm the death of a beneficiary, or verify that a document is genuine. They're short, specific, and must be signed before a notary. LawDepot's template walks you through exactly what information to include based on your state's requirements.
Who needs it: Heirs who need to claim property from a small estate, or anyone who needs a legally sworn written statement for estate or probate purposes.
What to include: The identity of the affiant, the facts being sworn to, and a notarized signature block.
| Document Type | Best For | When To Use |
|---|---|---|
| Revocable Living Trust | Property owners, parents, blended families | When you want to avoid probate and control asset distribution |
| Health Care Directive | Every adult over 18 | Before any medical emergency — the earlier the better |
| Codicil | People with existing wills | After a major life change: marriage, new child, divorce |
| End-of-Life Plan | Anyone with dependents or complex accounts | Now — this is for your family, not the courts |
| Affidavit | Heirs claiming a small estate | When the estate qualifies for simplified probate or collection |
Your family shouldn't have to navigate the courts, guess your wishes, or fight over decisions you could have settled today. LawDepot's estate planning templates give you everything you need to protect them, in about the time it takes to watch a movie.
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