A 7-Point Checklist for Creating Your Estate Plan

The first mistake nearly everyone makes with estate planning is procrastinating. People put it off, assuming they’ll do it later in life, when retirement is close or when health issues start creeping in. 

Honestly, estate planning is less about age and more about control. It’s about deciding who makes decisions for you if you become unable to do so, who receives your assets, and how much stress your family will face if you suddenly fall ill or pass away. 

This can sound like a lot. We get it, but the good news is that your estate plan doesn’t have to be complicated. You don’t need to know every legal term or the exact rules of Georgia. That’s what having an estate planning attorney is for. What you need is a clear structure. Here’s what you need to do, step-by-step:

Step 1: Decide What You Actually Want to Happen in the Future

Before any documents, any lawyers, or any legal actions, the first step is to understand what you’re doing and the impact your decisions will have in the future. Who should receive your assets when you pass away? Who should handle your financial/medical needs if you fall ill and suddenly need help? What are your priorities—protecting your children from the law, keeping peace in the family, or avoiding court involvement?

The reason many estate planning mistakes happen is that people skip this step and jump straight into forms. Take your time thinking through this step. Make notes in a notebook, communicate with your loved ones and learn their preferences, and ensure you have clear direction before you move forward.

Step 2: Take Inventory of What You Own

You can’t plan for what you don’t own. Create a simple inventory of your assets to help you understand what exactly you own and how it may transfer after your death. This includes real estate, bank accounts, personal valuable items, vehicles, retirement accounts, life insurance, and business interests. 

Step 3: Choose the Right Authorities

Every estate plan relies on people you trust. An executor manages your estate after your death. An agent under a power of attorney handles financial decisions if you’re incapacitated. A healthcare agent makes medical decisions when you cannot speak for yourself in the moment. 

Of course, not every estate plan is the same, so the decision-maker’s roles you choose will differ. That’s just a basic example, but one way or another, you will need to appoint someone to do something on your behalf. 

Choosing these roles carefully is extremely important. A lot of people assume that the right choice is the closest relative, but that’s not necessarily true. It’s the person who is responsible, organized, and willing to act. Naming backups is just as important because circumstances change.

Step 4: Create Your First Document (Wills/Trusts)

This is where an estate planning attorney comes into play and will help you draft a clear, tailored document stating your wishes. 

A will is usually the foundation of an estate plan. It directs who your assets will be distributed to, names an executor to manage and distribute your assets, and can also appoint guardians for minor children (if any). Without a will, Georgia law will decide everything for you. Who gets your assets, who cares for your children, and those rules might not reflect your wishes. 

There is a catch. A will doesn’t avoid probate. A trust does.

Trusts come in different forms, and each serves a different purpose depending on your goals.

A revocable living trust allows you to place assets into the trust during your lifetime while still maintaining full control over them. You can buy, sell, or change assets at any time, and you can update or cancel the trust if your circumstances change. Assets held in a revocable trust avoid probate, which can lower administrative costs, and keep your estate matters private, all while your beneficiaries gain your assets immediately after your passing. Trusts also help with incapacity planning by allowing a successor trustee to step in and manage assets if you become unable to do so, without court involvement.

An irrevocable trust works differently. Once assets are transferred into an irrevocable trust, you typically give up direct control over them. While this may feel restrictive, it can provide extra amazing benefits in the right situation. Irrevocable trusts are often used to protect assets from creditors, reduce exposure to estate taxes, or help with long-term care and Medicaid planning. Because the assets no longer legally belong to you, they may not be counted the same way for certain tax or eligibility purposes.

Again, if you’re unsure which one is right for you, your estate planning attorney can help you decide while ensuring your document is made legally valid and includes everything you’d want within it.

Step 5: Plan for Sudden Illness, Injuries, or Mental Decline, Not Just Death

Estate planning isn’t just about what happens after your passing. It’s also about what happens if you’re alive but unable to make your own decisions. If you become incapacitated, usually due to dementia, Alzheimer’s, a stroke, or sudden illness, a trust or will cannot protect you. In these cases, if you have the right tools in place, you can have people you trust safely and quickly make critical decisions for you. 

A power of attorney or an advanced healthcare directive is your key. 

 A durable power of attorney allows you to name someone you trust to handle financial matters on your behalf, such as retirement accounts, tax filing, or real estate that was never transferred into the trust. Without this document, your family will have to go to court to request a guardianship or a conservatorship just to be able to pay bills or access accounts. 

An advance healthcare directive (otherwise known as a living will) lets you clearly state your wishes for medical care if you cannot speak for yourself in the moment. It also names a healthcare “agent” who can make decisions in real time, based on your preferences, if doctors need a direction. One of the most important areas it addresses is life-sustaining treatment. This can include whether you want doctors to use CPR if your heart stops, place you on a ventilator if you cannot breathe on your own, or use feeding tubes or IV nutrition if you can no longer eat or drink safely. Some people want every possible measure taken, while others prefer comfort-focused care if recovery is unlikely. 

It also allows you to define your wishes for end-of-life care, especially if you are facing a terminal illness or advanced dementia. You can state whether you want aggressive treatment to continue regardless of prognosis, or whether you would prefer to shift to hospice care focused on comfort rather than cure. This guidance helps families avoid painful disagreements about “what you would have wanted” when stress is already running high.

Pain management is another deeply personal area covered by these directives. Some people prioritize maximum pain relief, even if it may cause drowsiness or limit awareness. Others want to remain as alert as possible, even if that means tolerating some discomfort. Making this preference clear helps medical providers tailor care to your values instead of guessing.

Advance directives can also cover decisions about hospital transfers and care settings. For example, you may prefer to remain in a nursing home or at home rather than being repeatedly transferred to a hospital in the final stages of illness. Others want hospitalization for every possible intervention. These choices can significantly affect quality of life, especially for individuals with Alzheimer’s or other progressive conditions.

Finally, these documents can address who speaks for you and how much flexibility they have. You can give your healthcare agent clear instructions to follow strictly, or allow them discretion to make decisions based on circumstances you could not predict. This guidance reduces stress for loved ones, who often struggle with guilt or fear of making the “wrong” choice without clear direction.

Again, if you’re unsure of what would be the best choice for you, an estate planning attorney will absolutely help you decide, create, and establish your documents. It’s their goal to ensure your security in life and your family’s security in your passing. 

Step 6: Organize and Store Your Documents Properly

Creating documents is only half the job. They need to be signed correctly, stored safely, and accessible when needed. Your executor and agents should know where to find them and how to use them.

Step 7. Review and Update as Life Changes

An estate plan is not a one-time task. Marriage, divorce, children, new assets, and health changes can all affect your plan. Reviewing your documents every few years (or after major life events) keeps everything up-to-date.

Small updates now can prevent major problems later. A plan that evolves with you is far more effective than one that sits untouched for decades.

We hope this article was of use to you. If you have further questions, feel free to contact us for more information.