I've been in hundreds of homes after someone died unexpectedly. The families who had their documents organized recovered faster — not emotionally, that takes time no matter what — but practically. They could access bank accounts, file insurance claims, contact the right attorneys, and make burial decisions without weeks of legal limbo.
The families who didn't have documents organized? Some are still dealing with probate court years later.
This guide is the checklist I wish every family would complete before they need it.
The Essential Documents Checklist
1. Last Will and Testament
A will determines who inherits your assets, who becomes guardian of minor children, and who manages your estate. Without one, the state decides — and the state doesn't know your family.
- What it covers: Asset distribution, child guardianship, executor appointment, specific bequests
- Cost: $300–$1,000 through an attorney, $50–$150 through online services like LegalZoom or Trust & Will
- Critical detail: It must be signed, witnessed (2 witnesses in most states), and ideally notarized
- Update trigger: Marriage, divorce, birth of a child, major asset purchase, death of a named beneficiary
2. Durable Power of Attorney (Financial)
Designates someone to manage your financial affairs if you become incapacitated. Without this, your family must petition the court for guardianship — a process that takes months and costs $2,000–$5,000+.
- Durable means it remains effective even if you become incapacitated (critical — regular POA does not)
- Name a primary agent AND a backup
- Specify whether it's effective immediately or only upon incapacitation ("springing" POA)
3. Healthcare Power of Attorney / Healthcare Proxy
Designates someone to make medical decisions for you if you can't make them yourself. Different from a living will — this names a person, not just preferences.
4. Living Will / Advance Healthcare Directive
Documents your wishes for end-of-life care: resuscitation, ventilator, feeding tubes, organ donation. Without this, your family may have to make agonizing decisions with no guidance — and family members may disagree.
5. Life Insurance Policies
Include:
- Policy numbers and company names
- Agent contact information
- Named beneficiaries
- Policy amounts and type (term vs. whole life)
- Location of original documents
Important: Life insurance pays the named beneficiary, not what your will says. Keep beneficiary designations up to date.
6. Property Deeds and Titles
- House deed (check if it's joint tenancy with right of survivorship — this avoids probate)
- Vehicle titles
- Any other titled property (boats, RVs, etc.)
7. Financial Account Information
- Bank accounts (checking, savings, CDs) — institution, account numbers
- Investment/brokerage accounts
- Retirement accounts (401k, IRA, pension)
- Cryptocurrency wallets (this is increasingly important — if nobody has the keys, the assets are lost forever)
- Outstanding debts (mortgage, car loans, credit cards, student loans)
8. Digital Accounts and Passwords
In 2026, half your life is digital. Your family needs access to:
- Email accounts (often the key to resetting everything else)
- Social media accounts (for memorial pages or account deletion)
- Cloud storage (Google Drive, iCloud, Dropbox)
- Subscription services that need cancellation
- Phone passcode
Best practice: Use a password manager (1Password, Bitwarden) and share the master password with your designated person. Store a physical backup of the master password in your fireproof safe.
9. Insurance Policies (Non-Life)
- Homeowner's / renter's insurance
- Auto insurance
- Health insurance
- Disability insurance
- Umbrella policy
10. Emergency Contact List
- Attorney
- Financial advisor
- Insurance agent
- Accountant / CPA
- Employer HR contact
- Clergy / funeral home preference
- Close friends and family to notify
Where to Keep These Documents
Physical Copies
- Fireproof safe at home — best option for immediate access. Get one rated for at least 1 hour of fire protection ($50–$200)
- Bank safe deposit box — secure but can be difficult to access after death (may require court order). Not recommended as the ONLY location
- With your attorney — they can hold original wills and POA documents
Digital Copies
- Scan everything and store in encrypted cloud storage
- Use a service like Everplans, FamilyVault, or even a shared encrypted note
- Make sure at least 2 people know how to access the digital copies
The "When I Die" Letter
This isn't a legal document — it's a practical one. Write a letter that tells your family:
- Where all the documents listed above are located
- Funeral preferences (burial vs. cremation, specific wishes)
- Who to contact first
- Pending obligations (bills due, subscriptions, business commitments)
- Pet care arrangements
- Anything you want them to know
Keep it with your will. Update it annually.
What Happens Without These Documents
I've seen it firsthand:
- Without a will: Assets go through intestate succession — the state's formula, not your wishes. Can take 6–18 months in probate court.
- Without POA: Family must petition for guardianship/conservatorship. $2,000–$10,000 in legal fees, months of waiting, and a judge decides.
- Without healthcare directive: Family members argue about care decisions. I've seen siblings stop speaking to each other permanently.
- Without life insurance info: Billions in life insurance goes unclaimed every year because beneficiaries didn't know the policy existed.
- Without digital passwords: Photos, messages, and memories locked behind passwords. Accounts accumulate charges. Subscriptions keep billing.
Cost to Get Everything Done
| Document | DIY Cost | Attorney Cost |
|---|---|---|
| Will | $50–$150 | $300–$1,000 |
| Power of Attorney | $30–$50 | $200–$500 |
| Healthcare Directive | Free–$50 | $200–$500 |
| Living Will | Free (varies by state) | Included with above |
| Full estate plan package | $150–$300 | $1,000–$3,000 |
| Fireproof safe | $50–$200 | N/A |
Total: $200–$500 to do it yourself, or $1,000–$3,000 with an attorney. That's a fraction of what your family will spend in probate court without these documents.
Action Steps: Do This Today
- This week: Write down where all your important documents currently are
- This month: Get a will and POA completed (even an online will is better than nothing)
- Today: Set up a password manager and add your critical accounts
- Right now: Tell someone you trust where your documents are — the best-organized estate plan is useless if no one can find it
Every guide on WhenItHappens is written by someone who's seen what happens when families aren't prepared. Don't be that family. And if you're already dealing with the aftermath, we're here to help: find vetted professionals or call (855) 566-2405.