A map of what matters — and what happens next.

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

Decision guide

Will or Trust?

This is usually coordination, not a one-document contest.

Start hereWhich job needs to be done?
1
Death instructions

You need to direct probate property, nominate an executor, or nominate guardians.

  1. 1Start with a properly executed will.
  2. 2Map which property the will can actually reach.
  3. 3Coordinate title and beneficiary forms.

Research directionA 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. 1Define the trust's exact purpose.
  2. 2Choose trustees and operating rules.
  3. 3Complete title changes and beneficiary coordination.

Research directionA 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. 1Name one measurable planning goal.
  2. 2Separate revocable from irrevocable options.
  3. 3Model access, control, tax, cost, and administration.

Research directionThe trust type and governing terms matter more than the word trust. Specialist advice is essential.

Compare trust structures
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02

Decision guide

Does This Asset Go Through Probate?

Analyze each asset separately; an estate is rarely all probate or all nonprobate.

Start hereWhat controls the transfer at death?
1
Valid beneficiary feature

The account, policy, deed, or contract has a living valid beneficiary.

  1. 1Obtain the current signed designation or contract.
  2. 2Confirm the beneficiary survived and can take.
  3. 3Check custodian and state procedures.

Research directionThe 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. 1Read the current deed or account title.
  2. 2Confirm the feature is legally effective.
  3. 3Identify the survivor or successor trustee's process.

Research directionThe 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. 1Check value and location.
  2. 2Look for small-estate or affidavit procedures.
  3. 3Determine whether court authority is required.

Research directionThe asset commonly enters probate or another state-law estate procedure.

Follow the probate path
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03

Decision guide

Who Inherits If There Is No Will?

Relationship labels and property location matter; this chart cannot calculate a statutory share.

Start hereWhich state's intestacy law applies to this property?
1
Spouse or descendants

A surviving spouse, children, or descendants may exist.

  1. 1Confirm legal marriage and parent-child status.
  2. 2Identify descendants by generation.
  3. 3Separate probate property from other transfers.

Research directionState 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. 1Build a documented family tree.
  2. 2Apply the governing state's order and representation rule.
  3. 3Search for predeceased relatives' descendants.

Research directionThe 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. 1Preserve genealogy and search records.
  2. 2Follow court notice and heirship procedures.
  3. 3Review the state's escheat rule.

Research directionProperty may ultimately pass to the state, but only through the required legal process.

Find the right professional
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04

Decision guide

Do You Need to File an Estate-Tax Return?

Filing and owing tax are different questions; use the current official forms and instructions.

Start hereWhich 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. 1Value the federal gross estate, including nonprobate assets.
  2. 2Add adjusted taxable gifts.
  3. 3Review deductions, citizenship, and filing instructions.

Research directionA 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. 1Model the survivor's estate and growth.
  2. 2Check the filing deadline and relief procedures.
  3. 3Compare portability with trust and basis planning.

Research directionA 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. 1Identify every relevant state.
  2. 2Use the death-date-specific threshold and form.
  3. 3Check inheritance tax and probate filings separately.

Research directionA state return can be required below the federal threshold; exact rules can change midyear.

Check state death taxes
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05

Decision guide

Should a Trust Own This Asset?

Trust ownership, beneficiary designation, and trustee authority are different mechanisms.

Start hereIs 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. 1Review lender, insurance, tax, and contract limits.
  2. 2Use the exact trust and trustee title.
  3. 3Retain transfer evidence and update the inventory.

Research directionFunding 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. 1Do not retitle without specialist confirmation.
  2. 2Analyze owner, insured, and beneficiary roles.
  3. 3Coordinate the form with trust and tax goals.

Research directionBeneficiary 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. 1Read transfer restrictions and governing law.
  2. 2Obtain required consents or approvals.
  3. 3Coordinate control, valuation, security, and successor operations.

Research directionA trust may own an interest rather than the underlying asset, or may be unsuitable without additional steps.

Map business succession
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06

Decision guide

What Happens to an IRA at Death?

Current payout rules depend on beneficiary type, owner facts, account type, and date of death.

Start hereWho is the valid beneficiary on the custodian's records?
1
Surviving spouse

A spouse is the direct beneficiary.

  1. 1Confirm account type and owner age.
  2. 2Compare inherited-account and spousal options.
  3. 3Model timing, required distributions, tax, and creditor effects.

Research directionSpouses 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. 1Classify the beneficiary under current law.
  2. 2Check the owner's required-beginning-date status.
  3. 3Calendar annual and end-of-period distribution rules.

Research directionMany 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. 1Read the exact beneficiary form and governing documents.
  2. 2Test trust qualification and beneficiary-identification rules.
  3. 3Model income tax, control, charity, probate, and payout timing.

Research directionEntity 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

Start planning

What Is Estate Planning?Last Will and TestamentBeneficiary DesignationsFinancial Power of AttorneyAdvance Health Care Directive and Living Will

Trusts

Revocable Living TrustIrrevocable TrustThird-Party Special Needs Trust

Taxes

Federal Estate TaxFederal Gift Tax and Form 709Generation-Skipping Transfer TaxIncome-Tax Basis at DeathState Estate and Inheritance Taxes

Administration

What Is Probate?Probate TimelineExecutor ResponsibilitiesWhat to Do After a DeathChoose Executors, Trustees, and Agents

Tools

Estate Planning WorkbenchFederal Estate Tax CalculatorGift Tax Reporting IllustratorProbate Cost EstimatorEstate Liquidity CalculatorInherited Asset Basis IllustratorEstate plan checklistMap your estate