The main documents for creating an estate plan are a will, revocable trust, durable power of attorney, and advanced health care directive. You do not need each one of these instruments as each situation calls for a specific plan. However, you should be familiar with each type of document to know how they work and the value they bring. An experienced estate planning attorney is best suited to determine the instruments needed for your situation.

If you die without a will, your estate will still have to go through the probate process. However, instead of giving your Executor the go-ahead to distribute your property, the court will name an Executor (known as an “estate administrator”) and will tell that person how to distribute your property.

To begin a probate proceeding, the Executor of the will or an attorney acting on behalf of the estate must initiate the proceeding with the local probate court. This is done by submitting an official document called a Petition for probate of will to the court. The court will review the will and determine whether or not it’s a valid legal document—that is, whether or not the will is legally binding and was in fact created by you.

If the court determines that the will is valid, the court then gives the Executor legal documents called either Letters Testamentary or Letters of Administration. These documents authorize the Executor to distribute assets to beneficiaries. This may include transferring assets from your name into the names of the beneficiaries and paying any debts or taxes on behalf of your estate.

For example, if Susie’s mother dies and she named Susie the Executor of her estate in her Will, then Susie must submit a Petition for Probate of the will to the local probate court. Once the court determines the will is valid, they will give Susie Letters of Administration that authorize her to distribute her mother’s assets.