Estate Planning Checklist for New Parents (2026)

A practical checklist to help new parents choose guardians, create a will, and put the right protections in place for their child.

The moment you have a child, everything changes. There’s now someone whose entire world depends on you; how they’re cared for, where they live, and the kind of life they grow into.

At some point, you start thinking about it: If something happened to me, what would happen to my child?

Not just in theory, but in real terms.
Who would raise them?
Who would make decisions for them?
Would things actually play out the way you’d want, or would strangers end up deciding?

Here’s the part most parents don’t realize: only about 32% of U.S. adults have a will. That means most families are leaving these decisions up to the court system instead of making them themselves.

This guide walks you through exactly what to put in place, step by step, so your child is protected in the ways that matter most.

Why Estate Planning Matters When You Have Kids

Couple reviewing documents and discussing finances at home

Having a child changes how you think. You’re not just planning for yourself anymore; you’re making decisions that directly affect your child’s future.

Estate planning is simply making sure that if anything happens, your child is still cared for the way you would want.

It comes down to three things:

1. Guardian appointment

Who steps in to raise your child? This isn’t just about choosing a family member, it’s about deciding who will shape your child’s day-to-day life, their routines, their values, and the environment they grow up in. If you don’t make that choice, the court will, based on what it can determine, not what you may have quietly hoped for.

2. Financial protection

Any money or support you leave behind for your child needs to be managed properly. Without clear direction, access to those funds can be delayed or handled in ways that don’t align with how you would have used it for your child’s needs.

3. Peace of mind

There’s a difference between hoping things will work out and knowing you’ve put a plan in place. When these decisions are already made, you’re not leaving your child’s future open to interpretation, you’ve made it clear.

The 5 Estate Planning Documents Every Parent Needs

There are a few key documents every parent needs, because they’re the ones that decide who steps in and how your child is cared for if you’re not there.

1. Last Will and Testament

This is where you decide who raises your child.

Without it, that decision moves to the court. People may step forward, but the final call won’t be yours.

A will puts that responsibility in your hands, where it belongs.

2. Guardian Designation

This is the decision parents sit with the longest.

You’re choosing the person who would take over your role; day to day, long term. The one your child would rely on for structure, support, and direction.

You’ll need:

A primary guardian

A backup guardian

Plans can change. Having a second option matters.

This choice isn’t about who is closest. It’s about who would raise your child in a way you respect.

3. Healthcare Directive (Living Will)

If you’re unable to make medical decisions, someone else will have to.

A healthcare directive:

States your preferences

Names the person who decides for you

Without it, decisions can be delayed or made without knowing what you would have wanted.

4. Financial Power of Attorney

If you can’t manage your finances, access to your accounts doesn’t automatically transfer.

Without this document, your family may need court approval just to:

Pay bills

Access funds

Handle ongoing responsibilities

That process can take time. During that time, things don’t move.

A financial power of attorney allows someone you trust to step in immediately.

5. Life Insurance Beneficiary Designations

This is where many parents get it wrong.

Naming a child directly can create problems. A minor cannot legally receive funds, which means the court may assign someone to manage that money.

Instead:

Name a trust

Assign someone to manage it on your child’s behalf

Also review:

Employer benefits (like 401k)

Bank accounts

Investment accounts

These designations override your will. If they’re not set up properly, your plan won’t work the way you intended.

Your New Parent Estate Planning Checklist

A mother, father and infant are happily spending time together drawing on a piece of paper at a wooden table inside their home.

This is where you start putting things in place.

You don’t need to sit down and solve everything at once. Start with one item, then the next. Each step answers a real question: who steps in, who handles what, and what happens next.

Use this as your working checklist:

Create a will

Name guardians (primary + backup)

Designate financial power of attorney

Create healthcare directive

Review life insurance beneficiaries

List your assets (even if they seem small)

Share your plan with your chosen guardians

Store documents safely and tell someone where they are

Plan to review annually or after major life changes

You can stop and come back to it. What matters is getting the first few decisions down; once those are in place, everything else starts to fall into place too.

How to Choose a Guardian for Your Children

This is one of the few decisions you won’t want to rush.

Start by picturing your child in someone else’s care; not for a weekend, but long-term. Who comes to mind first?

Now go a step further.

Would they raise your child in a way that feels right to you?
Not just day-to-day, but in the small things, how they handle discipline, how they show up emotionally, what they prioritize as your child grows.

Would your child feel comfortable with them?
Someone they can go to, rely on, and feel at home with, not just someone who can take on the responsibility.

What does their current life look like?
Where they live, how they spend their time, the kind of environment they provide, all of that becomes your child’s new normal.

Have you actually spoken to them about it?
This isn’t a decision to assume. It’s one to discuss openly, so there are no surprises later.

Can they realistically take this on?
They don’t need to have everything figured out, but they should be in a position where adding your child to their life is possible.

And then ask yourself one more thing:

If your first choice couldn’t step in, who else would you trust to raiseyour child?

That is why it is important to choose both a primary guardian and a backup guardian. Life changes, circumstances shift, and even the most thoughtful plans may need another option.

At the end of it all, you are not trying to find someone perfect. You are choosing someone you trust to show up for your child with care, guidance, and consistency when it matters most.

Common Mistakes Parents Make

A lot of estate planning mistakes don’t come from bad decisions, they come from no decisions.

Waiting until “later”

There’s always a reason to delay. But the earlier you set things up, the simpler it is.

Assuming everything automatically goes to your spouse

In many cases, it does,but not always in the way you expect, especially with children involved.

Not naming a backup guardian

This leaves a gap in your plan.

Choosing a guardian without asking them

It may feel uncomfortable, but clarity matters more than assumptions.

Not updating your plan

Life changes. Your plan should too.

What Happens If You Don’t Have a Will?

This is where things can become complicated.

If there’s no will:

The court decides who raises your child

The process can be slow and expensive

Family disagreements can arise

Asset distribution follows state rules, not your preferences

It’s a bit like leaving instructions blank and expecting everything to still go smoothly.

Sometimes it does. But you’re relying on a system that doesn’t know your intentions.

How to Get Started (Making It Easy)

You don’t need to have everything figured out before you begin.

Start with:

One decision (like choosing a guardian)

One document (like your will)

You can refine things over time.

Most parents assume this process is long or complicated, but it doesn’t have to be. With the right tools, you can put together a basic plan in minutes and update it as your life evolves.

If you want a simple way to get this done, FeedingBird helps you create your will or trust in about 15–20 minutes, with guidance along the way so you’re not guessing.

The important thing isn’t perfection, it’s starting.

Questions Parents Usually Ask

Most parents have the same concerns when getting started. These are the ones that come up first—and the answers that help you move forward.

Do both parents need separate wills?

Yes. Each parent should have their own will so their decisions are legally recognised.
With FeedingBird, you can create both in one flow without starting over.

What happens if we can’t agree on a guardian?

Start with what matters most: values, lifestyle, and how your child would be raised. That usually narrows the choice quickly. FeedingBird guides you through this step so you’re not stuck trying to figure it out alone.

How much does estate planning cost for new parents?

It can range from a few hundred to several thousand dollars, depending on how you do it. FeedingBird offers a simpler, more affordable way to put a plan in place without delaying it.

Do I need a lawyer to create a will as a parent?

Not always. Many parents can get everything set up using a guided platform. FeedingBird walks you through each step and gives you the option to add attorney support if you need it.