Estate Planning Checklist for Older Couple

Planning ahead isn’t just for retirement—it’s for everyone who wants to protect their loved ones and leave a lasting legacy. At Lyons & Associates, P.C., we help clients throughout New Jersey create clear, customized estate plans that provide peace of mind today and protection for tomorrow.

Whether you’re just starting out or updating an existing will, our free Estate Planning Checklist is a simple way to begin the conversation with your family and with your attorney.

Why Estate Planning Isn’t Just for the Wealthy

Many people assume that estate planning is only necessary if you’re wealthy or nearing the end of life. But the reality is, every adult should have a basic estate plan, especially if you:

  • Have children or dependents
  • Own a home or business
  • Want to avoid family conflict or court involvement
  • Want to control your medical care or finances if you become incapacitated

Without a valid will, trust, power of attorney, or healthcare directive in place, New Jersey law will determine who gets what—and who makes decisions on your behalf.

That’s why we recommend starting with a simple foundational plan, built around your real-life needs and goals.

The Free Estate Planning Checklist

Below is your step-by-step guide to essential estate planning conversations and decisions. You can reference this list as you prepare to meet with a wills and estate planning lawyer.

1. Create or Update Your Will

  • Name your executor—someone you trust to carry out your wishes.
  • Decide how your assets should be distributed (money, property, personal items).
  • Choose a guardian for minor children, if applicable.
  • Specify any charitable bequests or gifts you want to make.

2. Consider a Trust (Optional)

  • A revocable living trust may help avoid probate and manage complex assets.
  • Trusts can be useful for blended families, special needs planning, or tax-efficient transfers.
  • You’ll need to name a trustee and decide what property to include.

3. Update Beneficiary Designations

  • Check your:

    • Life insurance policies
    • Retirement accounts (401k, IRA, and pensions)
    • Payable-on-death bank accounts
  • These accounts pass outside of your will, so be sure your designations match your current intentions.

4. Execute Advance Healthcare Directives

  • Create an Advance Healthcare Directive (also called a medical power of attorney) to appoint an Agent who can make medical decisions if you’re unable to speak for yourself.

5. Assign Durable Power of Attorney

  • Designate someone to handle your financial or legal matters if you become incapacitated.
  • This person can pay bills, manage accounts, or handle real estate matters on your behalf.

6. Organize Key Documents

  • Collect and securely store:

    • Deeds and mortgage documents
    • Life insurance policies
    • Account statements and tax records
    • Marriage/divorce records
    • Military records or pensions
    • Digital account passwords or login info

7. Outline Funeral or Final Wishes

  • Make a plan for burial, cremation, or other arrangements.
  • Include any preferences for a memorial or religious service.
  • Consider pre-paying or setting aside funds for end-of-life expenses.

Tips for Getting Started

  • Talk with your loved ones about your plans. Clear communication now can prevent confusion or disputes later.
  • If you’ve already completed some documents (like a will), review them every 3–5 years or after major life events.
  • Don’t rely on generic online forms—they often fail to meet New Jersey legal requirements or account for unique family circumstances.

Work With a Trusted New Jersey Estate Planning Attorney

At Lyons & Associates, P.C., we believe estate planning is about more than documents—it’s about people, families, and futures. Whether you need a basic will or a comprehensive estate plan with trusts, we’ll help you build a plan that reflects your goals and protects the people who matter most.

We make the process clear, comfortable, and personal—no matter where you are in life.

Ready to Take the Next Step?

Start with this checklist, and when you’re ready, contact our office for a confidential consultation with an experienced New Jersey estate planning lawyer. We’re here to help you turn a list into a legacy.

Elise A. Bavazzano, Esq. is an Associate in the firm’s Trust, Estates, and Financial Practice Group. Elise’s transactional practice includes the preparation of various estate planning documents from wills and trusts to various ancillary documents like powers of attorney and advance healthcare directives. Her practice also involves uncontested trust administrations and estate administrations, including helping families through the probate process.