When someone dies, their family inherits more than belongings. They inherit a pile of decisions, accounts, and paperwork. Whether that pile is a tidy folder or a scavenger hunt depends almost entirely on what was done beforehand.
This chapter covers the core documents every adult should have, how the main options compare in cost, the information your family will need, and how to keep it all where it can be found.
(This chapter is general education, not legal advice. Laws vary, and your situation is unique.)
The Core Documents
1. A Will A will says who receives your property and who will carry out your wishes (your executor, called a personal representative in Utah). For parents of minor children, a will is where you name a guardian. Without a will, state law decides who inherits, and a court decides who raises your children.
2. A Revocable Living Trust A living trust holds your assets during your lifetime, with you in control. When you die or become unable to manage things, your chosen successor trustee steps in and distributes assets privately, usually without probate. A trust only works for assets actually placed in it, so "funding" the trust is essential. Assets left outside the trust may still have to go through probate.
3. A Pour-Over Will If you have a trust, a pour-over will acts as a safety net, directing any assets left outside the trust into it. Keep in mind that assets passing under a pour-over will may still need to go through probate before they reach the trust, which is why funding the trust during your lifetime matters.
4. A Durable Financial Power of Attorney This names someone to handle your finances if you become incapacitated: paying bills, managing accounts, dealing with insurance and taxes. Without it, your family may need to go to court for a conservatorship.
5. An Advance Healthcare Directive This names a healthcare agent to make medical decisions if you can't, and records your wishes about life-sustaining treatment and end-of-life care.
6. A HIPAA Authorization This allows doctors to share your medical information with the people you choose, so loved ones aren't shut out at the worst possible moment.
Comparing Your Options: What It Really Costs
The cost of an estate plan has two parts: what you pay to create it, and what your family may pay after you're gone. The figures below are approximate national ranges drawn from published cost surveys as of 2026. They are not price quotes. Actual prices vary by state, provider, and complexity.
Option 1: No plan at all
Cost to create: $0
Cost to your family: State law decides who inherits, and a court appoints someone to manage the estate. Assets usually go through probate. If you become incapacitated, your family may need a court-supervised conservatorship.
National estimates commonly put probate costs at about 3% to 7% of an estate's value in court, legal, and administrative fees. On a $500,000 estate, that estimate works out to roughly $15,000 to $35,000, plus months or more of delay. These are national figures, not typical Utah costs. Utah's informal probate process can cost less for simple estates, though even informal probate takes months.
Bottom line: The cheapest plan to make, and often the most expensive one to leave behind.
Option 2: A will-based plan
Cost to create: A basic will typically runs about $150 to $600 with an attorney, and up to around $1,500 for more involved situations. A will package that also includes powers of attorney and a healthcare directive costs more than a will alone. Online services commonly charge about $100 to $600.
Cost to your family: A will still goes through probate, so the same probate costs and delays generally apply. However, you choose who inherits, who's in charge, and who raises your children.
Bottom line: A solid foundation, especially for simpler situations and young families who need to name guardians.
Option 3: A trust-based plan
Cost to create: A revocable living trust typically runs about $1,000 to $3,500 when attorney-prepared, and more for complex estates. A full attorney-prepared trust package including a pour-over will, powers of attorney, and a healthcare directive commonly runs about $2,500 to $5,000. Online services commonly charge about $250 to $1,500.
Cost to your family: Assets properly placed in the trust generally avoid probate, so settlement is usually faster, private, and less expensive. Assets left outside the trust may still need probate.
Bottom line: Costs more upfront, but often saves your family far more later, especially if you own a home or have significant assets.
Quick Comparison
No plan: $0 to create; highest risk of probate costs, delays, and family conflict Will-based plan: about $150 to $1,500 to create; you choose heirs and guardians, but probate usually still applies Trust-based plan: about $1,000 to $3,500 or more to create; generally avoids probate for assets properly placed in the trust, and keeps matters private
DIY vs. professional help Do-it-yourself templates are the least expensive, but mistakes in signing, witnessing, or funding often aren't discovered until it's too late to fix them. Professional preparation costs more upfront but reduces that risk. Flat-fee document preparation services fall in between. They prepare documents based on the choices you make, but they do not give legal advice; if you have legal questions, consult an attorney.
Beneficiary Designations: The Quiet Override
Many of your largest assets don't pass by your will at all. They go directly to whoever is named on a beneficiary form:
Life insurance policies
401(k)s, IRAs, and other retirement plans
Annuities
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) investment accounts
If those forms are outdated, the wrong person may receive the money, regardless of what your will says. Review every designation, name both a primary and a contingent beneficiary, and update them after marriage, divorce, births, and deaths. Updating them costs nothing.
The Information Your Family Will Need
Legal documents are only part of the picture. Your family will also need practical information. Create a master list that includes:
Personal information
Full legal name, date and place of birth, and where your Social Security card is kept
Marriage and divorce records, military discharge papers (DD-214)
Parents' names, including mother's maiden name (needed for the death certificate)
Financial accounts
Banks, credit unions, investment and retirement accounts
Life insurance and annuity policies, with company names and policy locations
Pensions and Social Security information
Debts: mortgage, car loans, credit cards Property
Real estate, deeds, and titles
Vehicles
Safe deposit box location and key
Bills and subscriptions
Utilities, phone, internet, streaming, memberships
Automatic payments that will need to be stopped
Key contacts
Estate planner or attorney, financial advisor, insurance agent, accountant
Funeral home and any pre-need contract
Employer and benefits contact
Digital life
Email, social media, photo storage, online banking
Password manager and emergency access instructions
Phone and computer passcodes
Any cryptocurrency, with secure access instructions
Where To Keep Everything
The best plan in the world fails if no one can find it.
Keep original documents in a fireproof home safe or another secure, accessible place.
Be cautious with a bank safe deposit box: your family may not be able to open it quickly after your death.
Store digital copies securely and share access with your executor or trustee.
Give your healthcare agent a copy of your directive now.
Tell at least two trusted people where everything is.
A simple one-page "Where Everything Is" sheet, kept with your documents and shared with your executor or trustee, can save your family days of searching.
Helping An Aging Parent Get Organized
If you're helping a parent:
Work through this chapter together, a little at a time.
Respect their privacy; the goal is access when needed, not control now.
Make sure documents are signed and witnessed properly.
Confirm their named agents and trustees are still willing and able to serve.
Keep It Current
Review your documents every three to five years, and right away after major life events: marriage, divorce, a birth or death in the family, a move to another state, a large change in assets, or when someone you've named can no longer serve.
Peace Of Mind, In Writing
Getting your paperwork in order isn't glamorous. But every hour you spend now saves your family many hours of stress later, and often a great deal of money. It's one of the clearest ways to say, "I took care of you."
If you'd like help preparing these documents, Sword & Shield Estate Planning offers flat-fee estate planning document preparation. Sword & Shield is not a law firm, does not give legal advice, and does not represent clients. For advice about your legal rights or which documents fit your situation, consult a Utah-licensed attorney. To find funeral and pre-need providers in Utah, visit utahlovedones.com.