What Does a Complete Estate Plan Include?

My name is Michael Pevney, and I’m an estate planning attorney in California.

One of the questions I hear most often is,
“What does a complete estate plan actually include?”

It’s a great question  because most people think an estate plan is just a will.
In reality, a well-designed estate plan includes several important documents that work together to protect you, your family, and your assets during your lifetime and after your passing.

Let’s walk through the essential components of a complete estate plan, what each one does, and why you need them.

The Core Documents Every Estate Plan Should Include

When you set up your estate plan with an attorney, there are 3 main documents that form the foundation of your plan.

Two of these documents protect you while you are alive, and one directs what happens after you pass away.

Let’s start with the two that apply while you’re living.

1. Durable Power of Attorney

A power of attorney allows you to give someone else the legal authority to handle your financial matters if you cannot do so yourself.

This trusted person, called your agent or attorney-in-fact, can manage tasks such as:

• Paying bills and managing bank accounts
• Handling property or real estate transactions
• Dealing with tax or insurance matters
• Managing investments or business interests

You can choose to make your power of attorney immediate (effective as soon as you sign it) or springing (effective only if you become incapacitated).

A durable power of attorney remains valid even if you lose mental capacity which makes it one of the most important documents in any estate plan.

Without this, your loved ones might have to go through a court conservatorship process just to manage your affairs if you become unable to do so yourself.

2. Advance Health Care Directive (Medical Power of Attorney)

The second document that applies while you are alive is the advance health care directive, sometimes called a medical power of attorney or living will.

This document allows you to:

• Appoint someone you trust (your health care agent) to make medical decisions if you cannot communicate them yourself.
• Specify your wishes about life-sustaining treatments, end-of-life care, and organ donation.
• Communicate your values about comfort care, pain management, and quality of life.

Without a clear health care directive, your family could face emotional and legal challenges when trying to make decisions about your medical treatment.

This document helps your loved ones make decisions confidently, knowing they are honoring your wishes.

3. A Will or a Revocable Living Trust

The third essential document in a complete estate plan determines what happens after you pass away.

There are 2 main ways to handle this part of your plan:

• A Last Will and Testament
• A Revocable Living Trust
  
  

Let’s look at the differences.

A Will

A will allows you to:

• Name guardians for your minor children
• Specify how you want your assets distributed
• Name an executor to handle your estate
  
  

However, a will does not avoid probate the court-supervised process of distributing your assets after death.

Probate in California can be time-consuming, expensive, and public.

That’s why many families choose a revocable living trust instead.

A Revocable Living Trust

A living trust is often the cornerstone of a comprehensive estate plan. It allows your assets to pass directly to your beneficiaries without probate.

Here’s how it works:

• You transfer ownership of your assets (like your home and bank accounts) into your trust during your lifetime.
• You remain in full control of those assets as the trustee.
• When you pass away, your successor trustee distributes everything according to your written instructions, privately and without court involvement.
  
  

In addition to avoiding probate, a trust can also:

• Protect your family’s privacy
• Simplify asset management if you become incapacitated
• Allow for tax-efficient planning
• Help manage out-of-state properties without additional court filings
  
  

In California, anyone who owns real estate, even a single home should seriously consider a revocable living trust.

Additional Documents That Strengthen Your Estate Plan

While the 3 core documents above form the foundation, a truly complete estate plan often includes several supporting documents based on your personal, family, or financial situation.

Here are some that may apply to you.

4. Pour-Over Will

If you have a living trust, you still need a pour-over will.

This document acts as a safety net. It ensures that any assets accidentally left outside of your trust at the time of your death are “poured over” into the trust and distributed according to your trust instructions.

It’s a simple but important safeguard that keeps your plan unified and consistent.

5. HIPAA Authorization

The HIPAA Authorization allows your doctors and medical providers to share your medical information with the people you’ve named in your health care directive.

Without it, your family or health care agent may not be able to access important information about your condition or treatment.

This is especially important in California, where privacy laws are strict.

6. Guardianship Designation for Minor Children

If you have minor children, naming a guardian is one of the most important parts of your estate plan.

You can designate a trusted person (or couple) to care for your children if you pass away before they reach adulthood.

Without this designation, the court decides who will raise your children which may not reflect your wishes.

7. Beneficiary Designations and Asset Coordination

Some assets, such as life insurance policies, IRAs, and retirement accounts, pass directly to beneficiaries and are not controlled by your will or trust.

As part of creating a complete estate plan, you’ll want to:

• Review and update all beneficiary designations
• Ensure they align with your overall estate plan
• Avoid conflicting instructions between your plan and your financial accounts
  
  

Your estate planning attorney can help you coordinate these designations to ensure everything works together smoothly.

8. Letter of Intent or Personal Instructions

This optional document isn’t legally binding, but it can be very meaningful.

A Letter of Intent allows you to:

• Leave personal messages or explanations to your loved ones
• Express your wishes about funeral arrangements or memorials
• Provide guidance about sentimental belongings or family traditions
  
  

It adds a personal touch to your estate plan and helps prevent confusion or disputes later on.

How an Estate Planning Attorney Helps You Build the Right Plan

While online templates can provide a few basic documents, they often leave major gaps that can cause problems later.

A qualified estate planning attorney will:

• Customize your plan to your family structure and financial situation
• Ensure your documents meet California’s legal requirements
• Help you transfer assets into your trust correctly
• Update your plan when laws or circumstances change
  
  

An estate plan is not a one-time project. It’s a living set of documents that should evolve as your life changes.

When Should You Update Your Estate Plan?

Once your plan is complete, it’s important to review it regularly.

You should revisit your estate plan:

• Every 3 to 5 years, or
• Whenever you experience a major life event, such as:
  • Marriage or divorce
  • Birth or adoption of a child
  • Buying or selling a home
  • Inheriting assets
  • Changes in health or the law
    
    

Keeping your plan current ensures your loved ones are protected no matter what life brings.

Key Takeaways

A complete estate plan typically includes:

• Durable Power of Attorney
• Advance Health Care Directive
• Will or Revocable Living Trust
• Pour-Over Will (if you have a trust)
• HIPAA Authorization
• Guardianship Designations (for parents)
• Updated Beneficiary Designations

Every plan is unique. The right documents for you depend on your assets, your family, and your goals.

The most important thing is to create a plan that is legally sound, personalized, and properly funded so it actually works when your family needs it most.

Final Thoughts

A complete estate plan is more than paperwork. It is your family’s roadmap for financial security, peace of mind, and legacy.

At Pevney Estate Planning, we help California families create personalized estate plans that protect what matters most to their loved ones, their homes, and their future.

Whether you need a brand-new plan or want to review an existing one, we make the process clear, efficient, and stress-free.

Schedule your free 30-minute strategy session or call (949) 377-2996 to book your free review with Michael Pevney today.