estate planning lawyer

How To Create A Letter Of Instruction For Your Executor

In Uncategorized by Garrett, Walker, Aycoth & Olson, Attorneys at Law

A letter of instruction is an informal document that provides your executor with practical information and guidance to help them settle your estate. Unlike your will or trust, this letter is not a legal document and has no binding authority. Instead, it serves as a helpful guide covering details like funeral preferences, locations of important documents, account information, and personal wishes that don’t belong in formal legal documents but make your executor’s job much easier.

Our friends at NW Legacy Law encourage every client to prepare a letter of instruction alongside their formal estate planning documents. An estate planning lawyer can help you understand what belongs in legal documents versus what works better in an informal instruction letter.

Why You Need A Letter Of Instruction

Your will and trust address legal asset distribution but don’t cover the many practical details your executor needs to know. Where do you keep your important documents? What are your funeral preferences? Who should be notified of your death? What online accounts do you have and how can they be accessed?

The letter of instruction fills these gaps with practical information your executor needs immediately after your death. This document can be updated easily whenever information changes without requiring formal amendments to your will or trust.

Unlike wills that become public during probate, letters of instruction remain private. You can include sensitive information like account numbers, passwords, and personal thoughts without creating a public record.

Funeral And Burial Preferences

Your letter should clearly state your preferences for funeral services, burial, or cremation. Specify whether you want a traditional funeral, memorial service, celebration of life, or no service at all.

If you prefer burial, indicate where. Do you own a cemetery plot? Do you want to be buried in a specific location near family members? Provide any prepaid funeral arrangements or burial insurance policy information.

For cremation, explain what should be done with your ashes. Should they be scattered in a meaningful location, kept by family members, or interred in a specific place?

Include preferences about the tone and format of any services. Religious or secular? Formal or casual? Music selections, readings, or speakers you’d like included? These details help family members plan services that honor your wishes.

Document Locations

List where your executor can find important documents. Include the locations of your original will, trust documents, property deeds, vehicle titles, insurance policies, birth certificate, marriage certificate, military discharge papers, and Social Security card.

Specify where you keep safe deposit boxes and how to access them. Note who has keys or access rights. If documents are stored digitally, explain how to access cloud storage or encrypted files.

Your executor needs to locate these documents quickly. Clear location information prevents wasted time searching through files and prevents important documents from being overlooked.

Financial Account Information

Create a comprehensive list of all bank accounts, investment accounts, retirement accounts, and credit cards. Include institution names, account types, and account numbers.

Note which accounts have beneficiary designations and who those beneficiaries are. This helps your executor understand which assets pass outside your will or trust.

List all debts including mortgages, car loans, personal loans, and lines of credit. Provide creditor names, account numbers, and approximate balances. This information helps your executor notify creditors and pay outstanding obligations.

Financial information to include:

  • Bank account institutions and account numbers
  • Investment and brokerage firms
  • Retirement account locations
  • Insurance policies and policy numbers
  • Outstanding loans and creditors
  • Credit card accounts
  • Safe deposit box locations
  • Automatic bill payments and subscriptions

Professional Advisors

Provide contact information for all professionals who help manage your affairs. Include your attorney, accountant, financial advisor, insurance agents, and tax preparer.

Note what each professional does for you and when your executor should contact them. Your accountant should be contacted for tax matters, your financial advisor for investment account questions, and your attorney for legal guidance during estate settlement.

If you have business partners, include their contact information and explain any buy-sell agreements or business succession plans your executor should know about.

Digital Assets And Online Accounts

List all online accounts including email, social media, photo storage, online banking, shopping accounts, subscription services, and any other digital presence.

According to the Federal Trade Commission, managing digital assets after death has become increasingly important as more of our lives move online.

Provide usernames and explain where passwords are stored. Many people use password managers, which simplifies this process by requiring only the master password to access all other credentials.

Specify what you want done with each account. Should social media be memorialized or deleted? Should photo accounts be preserved for family access? Should email accounts be closed after important messages are retrieved?

Personal Property Distribution

While your will or trust legally distributes personal property, your letter of instruction can provide additional context. Explain why certain items go to specific people if those reasons matter to you.

List any items with sentimental value and their significance. This helps your executor understand which objects are precious heirlooms deserving special care versus ordinary household items.

If you want specific people to have particular items not mentioned in your will, note these wishes. While not legally binding, most families honor these expressed preferences.

Family And Friend Notifications

Create a list of people who should be notified of your death. Include family members, close friends, former colleagues, and anyone else who should know.

Provide current contact information for everyone on the list. Phone numbers, email addresses, and mailing addresses help your executor reach people quickly.

Note any special relationships or circumstances that require sensitive notification. Are there estranged family members who should or shouldn’t be contacted? Are there sensitive situations your executor should handle carefully?

Pet Care Instructions

If you have pets, provide detailed care instructions. List veterinarian contact information, medication schedules, dietary needs, and behavioral quirks.

Specify who should care for your pets and whether you’ve made financial provisions for their care. Include information about pet insurance, prepaid veterinary care, or trusts established for pet expenses.

Business Matters

Business owners should provide information about business operations, key contacts, important deadlines, and succession plans. Your executor might need to keep the business running temporarily while ownership transfers.

List employees who understand business operations and can help during the transition. Provide information about business bank accounts, vendor relationships, and customer contracts.

Personal Messages

Your letter of instruction can include personal messages to family members. Share thoughts, express love, offer advice, or provide comfort. These messages give your family something meaningful beyond legal documents and financial instructions.

You might explain difficult decisions in your will, express forgiveness, or share memories you want preserved. This personal dimension helps families process grief while handling practical estate settlement tasks.

Keeping Your Letter Current

Review and update your letter of instruction regularly. Account information changes, new passwords replace old ones, and your wishes might evolve. Annual reviews keep information accurate and useful.

Store your letter with your other estate planning documents where your executor can find it easily. Give copies to your executor and perhaps one other trusted person who would know to provide it if needed.

Date each version so your executor knows they’re working with current information. Clearly mark outdated versions as superseded to prevent confusion.

Making Your Executor’s Job Easier

A well-prepared letter of instruction transforms your executor’s experience from overwhelming confusion to manageable tasks. The time you invest organizing this information and documenting your wishes directly benefits your family during a difficult period.

We encourage every client to create comprehensive letters of instruction that supplement their formal estate planning documents. Your executor deserves clear guidance that helps them honor your wishes and settle your affairs efficiently. Take time now to document the practical information your family will need, organize your account details, communicate your preferences clearly, and create a resource that turns a daunting responsibility into a manageable process for the people you’ve trusted with your final affairs.