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5 essential estate planning documents 2025

The Foundation of Every Solid Estate Plan

Think estate planning is only for the ultra-wealthy? Think again. Whether you have $50,000 or $5 million, these five core documents protect your wishes, your family, and your assets.

At J. Davenport Legal, we’ve helped thousands create them in one simple package. What are the five essential estate planning documents?

They cover who gets your stuff, who makes decisions if you can’t, and how to avoid court battles. This beginner’s guide explains each one and why you need it in 2025. Ready to get started? Read on — it’s easier than you think.

1. Last Will & Testament

What it does: Names guardians for minor children, specifies who inherits what, and appoints an executor.
Why you need it: Without a will, state law decides (intestate succession) — often splitting assets in ways you wouldn’t choose.
Limitation: Still goes through probate (6–18 months, 4–7% fees).
Best for: Simple estates or as a backup to a trust.

2. Revocable Living Trust

What it does: Holds your assets (house, accounts, etc.) and distributes them privately and instantly at death or incapacity.
Why you need it: Avoids probate completely, keeps everything private, and works if you become incapacitated (no court guardianship).
Our most popular: One document that replaces the will for most clients.

3. Durable Power of Attorney (Financial)

What it does: Names someone to handle money, bills, taxes, and property if you can’t.
Why you need it: Without one, family must go to court for guardianship — expensive and slow.
Tip: Choose a trusted person; make it “durable” so it works even if you’re incapacitated.

4. Health Care Proxy & Living Will

What they do: Proxy names your medical decision-maker; Living Will spells out end-of-life wishes (ventilator, feeding tube, etc.).
Why you need them: Prevents family fights and unwanted treatment — 80% of disputes happen without clear directives.

5. Pour-Over Will (Trust Companion)

What it does: Catches any assets accidentally left out of your trust and “pours” them in at death.
Why you need it: The ultimate safety net — nothing falls through the cracks.

The 5 Essential Documents – Quick Comparison

DocumentAvoids Probate?Controls Incapacity?Cost (with us)
Last Will & TestamentNoNo$1,250
Revocable Living TrustYesYes$2,000+
Durable POAYes (financial)Included
Health Care Proxy/Living WillYes (medical)Included
Pour-Over WillPartialNoIncluded
Estate planning documents checklist

Common Questions from Beginners

Do I need all five? Most clients get them in one package — simple and complete.
How much does it cost? Starts at $1,250 with $96/month financing available.
When should I start? Now — the best time is before you need it.

Start Your Plan Today – It’s Easier Than You Think

These five documents are the foundation every family needs. Don’t leave your legacy to chance — 70% do. Ready to get all five done in one call? Schedule your free consultation below.

References

  1. AARP, “Essential Documents Guide,” https://www.aarp.org/essential-documents
  2. Nolo, “Estate Planning Basics 2025,” https://www.nolo.com/estate-planning-basics