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Six visual decision guides
See the next question before choosing an answer
Estate planning is a network of ownership, documents, beneficiaries, timing, tax rules, and state law. These flowcharts turn six common questions into research paths—without pretending a diagram can decide what is legally valid or appropriate for you.
01 Will or Trust?02 Does This Asset Go Through Probate?03 Who Inherits If There Is No Will?04 Do You Need to File an Estate-Tax Return?05 Should a Trust Own This Asset?06 What Happens to an IRA at Death?
How to use this library
Follow a path, then verify the boundary
Choose the path closest to the general facts, open its supporting guide in The Estate Guide, and write down what remains unknown. Before acting, verify current documents, ownership records, beneficiary forms, tax year, effective date, jurisdiction, and primary authorities with qualified professionals.
Start here Which job needs to be done?
1 Death instructions
You need to direct probate property, nominate an executor, or nominate guardians.
1 Start with a properly executed will.2 Map which property the will can actually reach.3 Coordinate title and beneficiary forms.
Research direction A will is a core death document, but it does not manage assets during incapacity or override a valid nonprobate transfer.
Study wills →
2 Lifetime management
You want successor management during incapacity, privacy, or trust-based administration.
1 Define the trust's exact purpose.2 Choose trustees and operating rules.3 Complete title changes and beneficiary coordination.
Research direction A revocable trust can help only with property connected to it and normally works alongside a pour-over will.
Study revocable trusts →
3 Tax or protection goal
The goal is transfer tax, creditor planning, benefits, charity, or controlled inheritance.
1 Name one measurable planning goal.2 Separate revocable from irrevocable options.3 Model access, control, tax, cost, and administration.
Research direction The trust type and governing terms matter more than the word trust. Specialist advice is essential.
Compare trust structures →
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Start here What controls the transfer at death?
1 Valid beneficiary feature
The account, policy, deed, or contract has a living valid beneficiary.
1 Obtain the current signed designation or contract.2 Confirm the beneficiary survived and can take.3 Check custodian and state procedures.
Research direction The asset commonly transfers outside probate, subject to the governing instrument and law.
Review beneficiary designations →
2 Survivorship or trust title
Title includes an effective survivorship feature, or the asset is validly owned by a trust.
1 Read the current deed or account title.2 Confirm the feature is legally effective.3 Identify the survivor or successor trustee's process.
Research direction The transfer may avoid probate, but debt, tax, recording, trust, and administration issues remain.
Map ownership and title →
3 Decedent alone, no transfer feature
The decedent owned the asset individually and no controlling transfer applies.
1 Check value and location.2 Look for small-estate or affidavit procedures.3 Determine whether court authority is required.
Research direction The asset commonly enters probate or another state-law estate procedure.
Follow the probate path →
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Start here Which state's intestacy law applies to this property?
1 Spouse or descendants
A surviving spouse, children, or descendants may exist.
1 Confirm legal marriage and parent-child status.2 Identify descendants by generation.3 Separate probate property from other transfers.
Research direction State statutes divide the probate estate; the spouse does not always receive everything.
Understand intestacy →
2 No spouse or descendants
Parents, siblings, nieces, nephews, or more remote relatives may exist.
1 Build a documented family tree.2 Apply the governing state's order and representation rule.3 Search for predeceased relatives' descendants.
Research direction The statute moves through family classes in a state-specific order.
Choose a state guide →
3 No located statutory heirs
A diligent search has not identified a person within the statute.
1 Preserve genealogy and search records.2 Follow court notice and heirship procedures.3 Review the state's escheat rule.
Research direction Property may ultimately pass to the state, but only through the required legal process.
Find the right professional →
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Start here Which filing system and date-of-death rules apply?
1 Federal size test
The gross estate plus adjusted taxable gifts may exceed the applicable federal filing threshold.
1 Value the federal gross estate, including nonprobate assets.2 Add adjusted taxable gifts.3 Review deductions, citizenship, and filing instructions.
Research direction A federal Form 706 analysis is needed even if deductions may reduce tax due.
Review Form 706 →
2 Portability election
A married decedent's estate may be below the threshold but the survivor could benefit from portability.
1 Model the survivor's estate and growth.2 Check the filing deadline and relief procedures.3 Compare portability with trust and basis planning.
Research direction A timely return may preserve the deceased spouse's unused exclusion even when no estate tax is due.
Study portability →
3 State filing or other rule
Domicile, property location, state thresholds, prior gifts, or special assets create a separate question.
1 Identify every relevant state.2 Use the death-date-specific threshold and form.3 Check inheritance tax and probate filings separately.
Research direction A state return can be required below the federal threshold; exact rules can change midyear.
Check state death taxes →
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Start here Is a title transfer legally permitted and useful for the trust's purpose?
1 Ordinary transferable asset
The asset can be retitled and lifetime management or probate administration is a real goal.
1 Review lender, insurance, tax, and contract limits.2 Use the exact trust and trustee title.3 Retain transfer evidence and update the inventory.
Research direction Funding may connect the asset to the trust, but administration and state law still govern.
Use the funding guide →
2 Retirement or beneficiary account
The asset is an IRA, plan, insurance policy, annuity, or transfer-on-death account.
1 Do not retitle without specialist confirmation.2 Analyze owner, insured, and beneficiary roles.3 Coordinate the form with trust and tax goals.
Research direction Beneficiary planning is usually the transfer mechanism; naming a trust can add technical tradeoffs.
Review retirement accounts →
3 Restricted or operational asset
The asset involves an LLC, business agreement, mortgage, professional license, digital platform, firearm, or regulated property.
1 Read transfer restrictions and governing law.2 Obtain required consents or approvals.3 Coordinate control, valuation, security, and successor operations.
Research direction A trust may own an interest rather than the underlying asset, or may be unsuitable without additional steps.
Map business succession →
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Start here Who is the valid beneficiary on the custodian's records?
1 Surviving spouse
A spouse is the direct beneficiary.
1 Confirm account type and owner age.2 Compare inherited-account and spousal options.3 Model timing, required distributions, tax, and creditor effects.
Research direction Spouses may have options unavailable to other beneficiaries, but the best path is fact-specific.
Study spouse options →
2 Individual nonspouse
A child, other person, or eligible designated beneficiary is named.
1 Classify the beneficiary under current law.2 Check the owner's required-beginning-date status.3 Calendar annual and end-of-period distribution rules.
Research direction Many beneficiaries face a limited payout period; exceptions and annual distribution rules require current guidance.
Review inherited-account rules →
3 Trust, estate, charity, or no valid beneficiary
A nonindividual beneficiary is named or the designation failed.
1 Read the exact beneficiary form and governing documents.2 Test trust qualification and beneficiary-identification rules.3 Model income tax, control, charity, probate, and payout timing.
Research direction Entity and default-beneficiary outcomes can differ sharply; obtain custodian and specialist guidance before acting.
Explore the large-IRA scenario →
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Keep mapping
Turn a branch into a complete planning picture
Map Your Estate Sort broad assets by ownership, beneficiary, trust ownership, and possible probate exposure—on this device only.
Estate Planning Checklist Build a device-local reading and discussion list across documents, family, ownership, operations, and tax.
Planning Scenarios See how the questions change for 17 fictional households, from a first home to a $100 million estate.
Professional Team Guide Understand when an attorney, CPA, appraiser, fiduciary, insurance professional, or other specialist may be relevant.
A decision tree is a learning tool, not a legal conclusion.
These simplified paths do not account for every document term, family relationship, citizenship issue, asset characteristic, tax election, benefit rule, creditor issue, or state law. They do not determine whether an asset is probate property, whether a return is required, or what strategy is suitable. Verify current primary sources and consult qualified legal and tax professionals before acting. Full disclaimer .