Wills are the primary document used in Estate Planning. The maker of the will appoints a personal representative to manage the Estate by paying legal charges, and then distributing what remains to those persons and/or charities designated in the Will. A will can include trust provisions in the event that there are minor children and the person making the will wants to delay the receipt of funds past the age of eighteen.

A Living Trust is another document used in Estate Planning. While one can avoid probating an Estate if all of a persons assets are placed in the Trust, more often than not some assets still require probating due to not being in the trust prior to death. Due to assets having to be in the trust, yearly checkups should be done to keep the trust ownership of assets current. The attorney fees associated with updating must be weighed against the cost of probating a will.

A Durable Power of Attorney is a useful planning document to aid family members taking care of you and your finances in the event of illness or incapacity. Upon your direction, your attorney in fact can conduct your business affairs even if you are not incapacitated, such as when you are on vacation. The person you name to be your "attorney in fact" can use that document as proof that you entrusted him or her to care for you and your finances. Usually a Probate Court guardianship with its expensive yearly accountings and reports can be avoided by signing this document while a person still has the capacity.

A "Living Will" is actually a Medical Durable Power of Attorney. It is a document that can only be used in the event you are unable to make your own medical decisions. You can designate a person to act as your "patient advocate", another term for "attorney in fact". That person will be able to make the medical decisions on your behalf if you are not able to make those decisions. You are able to designate in the "Living Will" that you do not desire heroic measures to be taken to continue life support when your illness is terminal.