A Letter of Instruction is a plain-English roadmap for the people who will step in after death or incapacity. It is not a will and it is not a legal pleading. Think of it as a practical “owner's manual” for your life and your estate plan: where things are, who to contact, and what you want done in everyday terms. While a will and other estate planning documents control legal rights and distributions, a Letter of Instruction helps loved ones and the personal representative carry out those plans smoothly.
Because probate and estate administration rules vary by state, a Letter of Instruction should be tailored to your location and coordinated with your formal documents. This article explains how a Letter of Instruction works alongside a will and the probate process, what to include, how personal representatives use it, and best practices for creating, storing, and updating it. For related guidance, see Does a will avoid probate? (Common myth: No).
What is a Letter of Instruction?
A Letter of Instruction (sometimes called a Letter of Intent, Memorandum of Instruction, or Family Guide) is an informal document that communicates practical details your will and trust documents usually do not cover. It provides clear guidance to your personal representative, trustee, or family about your preferences, key contacts, and the “how-to” information needed to manage your affairs. For related guidance, see What is a "Codicil"?.
Key points to understand:
- It is typically not legally binding. Most Letters of Instruction are advisory. They support, but do not replace, formal estate documents.
- It is flexible and easy to update. Because it is informal, you can revise it whenever life changes without re-executing your will or trust.
- It focuses on logistics and preferences. It covers the information people need on day one and in the weeks that follow—passwords, contact lists, account locations, subscriptions, digital assets, pet care, and more.
How a Letter of Instruction Fits with a Will and the Probate Process
Your will directs who receives your probate assets and who serves as personal representative. Probate is the court-supervised process of validating the will, identifying and valuing assets, paying valid debts and taxes, and distributing what remains according to the will or state law if there is no will. A Letter of Instruction sits alongside those legal steps by supplying practical instructions.
Here is how the pieces fit together:
- Will and other legal documents control legal rights. They appoint fiduciaries (such as the personal representative or trustee) and direct distributions.
- The Letter of Instruction explains the “where” and “how.” It tells your personal representative where to find key documents, how to access accounts, who your professionals are, and what to do first.
- Helps reduce delays and avoid oversights. When your personal representative knows where things are and what you intended, they can move faster and make fewer mistakes, which can smooth the probate timeline.
- Coordinates with non-probate transfers. Some assets pass outside probate (for example, joint accounts with survivorship, beneficiary designations, and trust-owned assets). Your letter can list these items and where to find confirmations or statements.
Important: If any statement in a Letter of Instruction contradicts your will or trust, the will or trust usually controls. Keep the letter consistent with your formal estate planning documents, and update it when something changes.
What to Include: A Practical Checklist
Every situation is different, but the following checklist covers the topics most people include. The goal is clarity and completeness, not legal jargon.
Immediate Actions and Priorities
- Who to notify first (family members, close friends, employer, business partners)
- Where original estate documents are stored (will, trust, powers of attorney, healthcare directives)
- Location of identification (driver's license, passport, Social Security card, birth certificate, military records)
- Household logistics (spare keys, alarm codes, safe combinations, vehicle titles and keys)
Personal and Family Information
- Full legal name, prior names, date and place of birth
- Marriage or domestic partnership details; divorce decrees
- Children and other dependents (names, ages, contact information)
- Care instructions for minor children or dependents (day-to-day details, school contacts, medical needs)
- Pet care plans (veterinarian, food/medication instructions, preferred caretaker)
Key Contacts
- Personal representative/executor and successor choices (with contact information)
- Trustee, if applicable
- Financial advisor, accountant/CPA, insurance agents
- Employer HR/benefits administrator
- Business partners or key employees
- Property manager or landlord
Financial Accounts and Assets
- Bank accounts (institution, account type, last four digits, location of statements or online portal)
- Investment and retirement accounts (brokerage, 401(k), IRA, pensions)
- Life insurance and annuities (policy numbers, beneficiary confirmations, premium notices)
- Real estate (addresses, deeds, mortgages, HOA contacts, property tax statements)
- Vehicles and titled property (VINs, titles, loans)
- Business interests (operating agreements, buy-sell terms, key contracts)
- Valuables and collectibles (appraisals, storage locations, provenance documents)
- Digital assets (cryptocurrency wallets, NFTs, online payment apps) with access instructions stored securely
Bills, Debts, and Subscriptions
- Mortgages, HELOCs, personal loans, credit cards (issuer, payment schedule)
- Utilities and services (electric, gas, water, internet, mobile, home security)
- Memberships and subscriptions (streaming, software, publications)
- Medical bills and health insurance details (policy numbers, portals)
- Recurring charitable donations or pledges
Income Sources
- Salary and unpaid wages
- Social Security or governmental benefits
- Pension or annuity payments
- Rental income
- Business revenue and accounts receivable
Tax and Records
- Location of prior tax returns and supporting documents
- Property tax and assessment notices
- Business tax filings and payroll records
- Online portals for IRS/state tax accounts (if used)
Health, Funeral, and Memorial Wishes
- Preferred funeral home or memorial preferences
- Burial, cremation, or donation preferences
- Religious or cultural customs to observe
- Location of prepaid arrangements or cemetery deeds
Gifts, Sentimental Items, and Messages
- Guidance on distributing sentimental items not covered by the will
- Photos, letters, or messages to loved ones
- Charitable giving preferences and contact information
Access and Security
- Instructions for accessing password manager or secure vault
- Master list of devices and accounts (do not place raw passwords in the letter; instead, explain how to access the secure repository)
- Locations of physical safes, safe deposit boxes, and keys
Mid-article next step: If you would like to create or refine a Letter of Instruction that aligns with your will and state law, we invite you to speak with our firm about representation. To schedule a consultation, use our contact form or call 414-253-8500.
How Personal Representatives Use It During Probate
The personal representative (also called an executor or administrator) is responsible for marshalling assets, notifying heirs and creditors, managing claims, and distributing the estate according to the will and state law. A practical Letter of Instruction helps at each stage:
- Locating documents and assets. The letter points to original estate documents, account statements, deeds, titles, and digital access methods, which accelerates the initial inventory.
- Securing property. Alarm codes, key locations, and service contacts enable quick steps to protect homes, vehicles, and valuables.
- Managing bills and subscriptions. With a list of recurring obligations, the personal representative can prevent lapses in insurance, utilities, or essential services.
- Coordinating with professionals. Contact details for accountants, financial advisors, and insurance agents streamline tax filings, beneficiary claims, and asset transfers.
- Addressing non-probate assets. Beneficiary designations and joint accounts are outside the probate estate, but the personal representative still needs to understand them to complete disclosures and ensure the overall plan is followed.
- Preparing court-required filings. While the letter itself is not a court filing, it provides the factual foundation for inventories, accountings, and creditor notices.
Ultimately, the letter reduces guesswork. It answers questions before they become delays, and it helps the personal representative carry out duties with fewer avoidable errors.
Common Mistakes to Avoid and Best Practices
Mistakes to Avoid
- Using the letter to change beneficiaries. Do not attempt to alter who inherits in a Letter of Instruction. Your will, trust, and beneficiary designations control.
- Including raw passwords in plain text. If the letter is found or shared, passwords could be exposed. Instead, store credentials in a secure password manager and provide access instructions.
- Forgetting non-probate assets. Omitting accounts that pass by beneficiary designation can cause confusion. List them and where to find documentation.
- Being too vague. General directions like “my files are in my office” waste time. Provide specifics: file names, drawer locations, and online portals.
- Letting the letter go stale. Moves, new accounts, closed subscriptions, or changed contacts can make an outdated letter misleading.
Best Practices
- Keep it consistent with your will and trust. Review the letter after any estate plan update.
- Use clear headings and bullet points. Organize by topic so a personal representative can scan quickly.
- Flag the urgent items. Mark what to handle in the first 48–72 hours (property security, notifying employers, preserving digital data).
- Attach or reference a master asset list. Indicate where full account lists and statements are stored. Consider keeping summaries with the attorney or in a secure digital vault.
- Provide copies of key documents. While originals should remain secure, copies of the will, trust, and powers of attorney can be helpful for immediate reference.
- Plan for digital assets. Note your devices, cloud storage, social media, email, subscriptions, crypto wallets, and who should manage or memorialize them.
Creating, Storing, and Updating Your Letter of Instruction
Creating the Letter
- Start with the checklist above. Customize it based on your family, assets, and goals.
- Write in plain English. Avoid legalese; this document is for practical use.
- Coordinate with your estate documents. Confirm the personal representative, trustee, and agents named in your will and powers of attorney match the people you reference in the letter.
- Address special situations. For businesses, identify who can access operating accounts and critical systems. For blended families, clarify logistics and preferences to reduce misunderstandings.
Storing the Letter
- Store a signed hard copy in a safe but accessible place. Consider a home safe or locking file cabinet. Avoid sealed safe deposit boxes that may be difficult to access immediately.
- Maintain a secure digital copy. Use an encrypted vault or password manager with a designated emergency access feature.
- Tell your personal representative how to find it. It does no good if no one can access it. Provide clear instructions and any keys or access codes.
Updating Over Time
- Review after life events. Update the letter after moving, opening or closing accounts, marriage, divorce, births, deaths, job changes, or business transitions.
- Set a recurring reminder. Even without major events, review the letter annually.
- Version control. Date each version, and note where prior versions are stored. Destroy outdated copies to avoid confusion.
Because probate and estate administration procedures differ by state, it is important to align your Letter of Instruction with local requirements and your formal legal documents. Our firm can help you prepare a coordinated plan and discuss representation for both planning and probate administration. To schedule a consultation, reach out through our contact form or call 414-253-8500.
Next Steps: Discuss Your Estate Planning Documents
If you already have a will or trust, your next step is to draft or refresh a Letter of Instruction that matches your plan. If you do not have formal estate documents, it often makes sense to address both tasks together so everything is consistent. We help clients organize information, identify gaps, and prepare practical guidance that supports smooth administration.
To discuss hiring counsel and talk through next steps tailored to your situation, please contact our firm. Use our contact form or call 414-253-8500 to schedule a consultation and see whether our firm can help with your estate planning and probate needs.
Common Questions
Is a Letter of Instruction legally binding?
Generally, no. A Letter of Instruction is an informal guide. Your will, trust, and beneficiary designations control legal rights and distributions. The letter should be consistent with those documents and used to provide practical details. Laws vary by state, so discuss your situation with counsel.
Can a Letter of Instruction replace a will or avoid probate?
No. A Letter of Instruction does not replace a will, trust, or beneficiary designations, and it does not avoid probate. It is a companion document that helps your personal representative and family carry out the legal plan efficiently.
What sensitive information should or should not be included?
Include locations and access instructions, but avoid listing raw passwords or full account numbers in plain text. Use a secure password manager or encrypted vault for credentials and provide instructions in the letter for how your fiduciary can access the vault.
Who should receive a copy, and where should it be kept?
Tell your personal representative and, if applicable, your trustee how to access the letter. Keep a hard copy in a secure, accessible place and a digital copy in an encrypted vault. Avoid locations that are difficult to access immediately. Consider informing a trusted family member where it is stored.
How often should a Letter of Instruction be updated?
Review the letter at least annually and after major life events such as moves, marriage or divorce, births or deaths, job changes, new accounts, or business transitions. Date each version and remove outdated copies.
Disclaimer: This article provides general information about Letters of Instruction and related probate topics. It is not legal advice and does not create an attorney-client relationship. Probate and estate planning laws vary by state and depend on specific facts. Consult an attorney about your circumstances before taking action.
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