---
url: 'https://www.fmjlaw.com/must-have-estate-planning-documents/'
title: Must-Have Estate Planning Documents
author:
  name: Heather Morrison
  url: 'https://www.fmjlaw.com/author/hmorrison/'
date: '2014-03-01T19:35:34+00:00'
modified: '2021-08-17T19:32:01+00:00'
type: post
categories:
  - 'Trusts & Estates Blog'
published: true
---

# Must-Have Estate Planning Documents

Every adult needs to prepare a core set of estate planning documents to plan for incapacity or death. Failure to properly plan for the unexpected can have adverse consequences to you, your family and your estate.

*Planning for Incapacity *

**1. Durable Power of Attorney for Financial Affairs.** This is a legal document where you appoint another individual to handle your financial affairs should you become incapacitated. Without this document, your family is forced to obtain court authority.

**2. Advanced Medical Directive.** In Minnesota, this document is referred to as a Health Care Directive with two primary functions: first, to outline your medical preferences should you be unable to communicate; next, this document appoints the agent to make medical decisions on your behalf should you be unable to express your wishes.

*Planning for Death *

**3. Last Will and Testament.** A will designates the administrator of your estate, outlines the distribution of your estate, and, if applicable, nominates a guardian for minor children. To be effective, a will must be filed in probate court after your death. Probate court is a judicial process where the court oversees the administration of your estate.

**4. Revocable Living Trust.** A living trust serves as an alternative to a traditional will and probate court administration. By transferring your property to your trust during your lifetime, the property passes free of probate court upon death. Avoiding probate court can provide a less costly and more efficient settlement of the estate – especially those owning property in several states.

*[David M. Ness](https://www.fmjlaw.com/professional/david-m-ness/) heads the [Trusts & Estates](https://www.fmjlaw.com/practice-area/trusts-estates/) practice group at the Eden Prairie, Minnesota-based law firm Fafinski Mark & Johnson. He works with individuals and organizations in all aspects of estate planning.*

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