Estate Planning
How to Write a Personal Property Memorandum (And Why Your Family Will Thank You)
After Elena passed away, her three adult children sat down to go through her things. The bank accounts, the retirement funds, the house — all of that was handled cleanly. Her trust was beautifully drafted. Her attorney had done excellent work.
What tore the family apart was the jewelry.
Specifically: her wedding ring. A simple gold band with a small diamond that had been on her finger for 47 years. All three children believed their mother had intended it for them. None of them were wrong, exactly — she had mentioned it to each of them at different times. But the trust said nothing about the ring. And the silence left behind something no attorney could fix.
The things with sentimental value are almost always the things that cause the most conflict. Not the money. The ring. The dining room table your grandmother brought from Puerto Rico. The painting that hung above the fireplace your whole childhood. These items don't get handled by even the best-drafted trust — unless you take one specific additional step.
That step is a personal property memorandum.
What Is a Personal Property Memorandum?
A personal property memorandum is a separate document — referenced by your trust or will — that lists exactly who gets your tangible personal property: jewelry, furniture, art, heirlooms, collectibles, antiques, and similar items.
It sits alongside your living trust, not inside it. And that's the key advantage: because it's a separate document, you can update it at any time — without calling an attorney, without notarization, and without re-signing your trust. You just write a new one, date it, sign it, and store it with your other estate documents. The latest version controls.
Most living trusts already include language that authorizes a personal property memorandum. Look for a clause that says something like: “tangible personal property as I may direct in a separate writing.” That's your green light.
Why It Matters
Trusts and wills are excellent at distributing assets by value. They say things like “divide the estate equally among my three children” or “my daughter receives 40%.” What they're not designed to do is handle the emotional geometry of family heirlooms.
You can't divide a wedding ring equally among three children. You can't split the dining table in half. These are items that can't be liquidated without destroying what makes them meaningful — and in the absence of clear direction, even close families can find themselves in conflict.
- Avoids family conflict — explicit direction removes ambiguity before it becomes an argument
- Flexible and free to update — your life changes; your memorandum can change with it, with no legal fees every time you acquire something new or a relationship shifts
- Valid in most U.S. states — when properly referenced in the trust, a personal property memorandum is legally binding in most states
- No attorney required to update — unlike amending your trust, updating the memorandum takes minutes and costs nothing
As I discuss in How to Pass Wealth to the Next Generation, the families who handle inheritance with the least conflict are the ones who left the clearest instructions — not just about money, but about the things money can't replace.
How to Write a Personal Property Memorandum (Step by Step)
Step 1: Confirm your trust authorizes it
Before you write anything, pull out your trust document and look for language that references a “separate writing” or “tangible personal property memorandum.” Most revocable living trusts include this — but you want to confirm yours does before relying on it. If you're not sure what you're looking for, this guide to reading a trust document walks you through how to find the key provisions.
Step 2: Start with a proper heading
You don't need special software or a legal template. A plain sheet of paper or a word processor works fine. Head the document:
Dated: [Month Day, Year]
The date is important — if you update the memorandum over time, the most recently dated version controls. Don't skip it.
Step 3: List each item specifically
This is where most people go wrong. Vague descriptions create the same problem you're trying to solve. For each item you want to direct, write:
- What the item is (described specifically enough to identify it)
- Who receives it (full legal name)
For example:
My grandmother's pearl necklace with the gold clasp → to my daughter Maria Jimenez
The oval mahogany dining table with six chairs → to my son Carlos Jimenez
The oil painting of the Puerto Rico coastline, currently hanging in the living room → to my daughter Sofia Jimenez
Don't write “my jewelry” — that's ambiguous. Write “the diamond solitaire ring in the white leather box in my nightstand.” The more specific you are, the less room there is for dispute.
Step 4: Sign and date it
Sign the document by hand, in ink. Print your name beneath the signature. Write the date. In most states, notarization is not required for a personal property memorandum — but a handwritten signature is. Typed signatures are risky; don't use them.
Step 5: Store it with your trust
Your successor trustee needs to be able to find it. Store the memorandum with your trust documents — in the same binder, the same safe, the same place. And tell someone where that is. A perfectly written memorandum that nobody can find is worth nothing.
The personal property memorandum is one piece of a complete estate plan. The Estate Planning Bundle ($49) covers everything — trusts, beneficiaries, the full picture — in plain English.
View the Estate Planning Bundle →What a Personal Property Memorandum Can't Do
A personal property memorandum is a powerful tool — but it has clear limits. Understanding those limits keeps you from relying on it for things it wasn't designed to handle.
- It doesn't work for real estate, bank accounts, or investment accounts — those assets need to be titled directly into the trust. A memorandum only covers tangible personal property.
- It doesn't override beneficiary designations — life insurance policies and retirement accounts pass by beneficiary designation, not by trust or memorandum. Keep those designations current and accurate.
- It's not a substitute for a trust — the memorandum only has legal force when it's referenced in a trust or will. On its own, it's just a wish list.
If you don't yet have a trust, the Difference Between a Will and a Trust is a good place to start understanding what you need.
What Should You Include?
The personal property memorandum is the right place for anything with emotional (not just financial) value — items your family might argue over even if they're not worth much money. Think about:
- Jewelry — rings, necklaces, bracelets, watches
- Art and antiques
- Collectibles — coin collections, vintage items, sports memorabilia
- Vehicles (cars, boats, motorcycles)
- Furniture — especially pieces with family history
- Family heirlooms passed down from prior generations
- Sentimental items — photo albums, diaries, handwritten letters
- Specific books with personal significance
- Tools, equipment, or hobby items
- Anything you've ever said “someday that will go to...” about
If you've said it out loud to a family member, write it down. The verbal promise doesn't bind anyone. The signed, dated memorandum does.
Common Mistakes to Avoid
Being too vague. “My watch” is not a description if you own three watches. “My jewelry” covers everything and therefore directs nothing. Be specific enough that a stranger could identify the item from your description.
Not updating after major life events. Divorce, remarriage, the birth of grandchildren, the death of an intended recipient — any of these can make your memorandum outdated or create unintended outcomes. Review it whenever your family situation changes.
Not telling anyone where it is. Your successor trustee has a legal duty to locate and distribute your assets. But they can only work with what they can find. If the memorandum is locked in a box and nobody knows where the key is, it's useless. Tell the person who will be handling your estate exactly where your documents are stored.
Leaving it undated. If you create multiple versions over the years — which you should — the most recently dated one controls. If none of them are dated, there's no way to know which one governs. Always date every version.
The personal property memorandum is one piece. Let's build the whole picture.
If you're ready to get organized — trusts, beneficiaries, the whole plan — the Estate Planning Bundle ($49) has everything you need: Estate Planning Essentials + Trust & Estate Administration 101 + the Legacy Blueprint Workbook.
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View All Products →Jacqueline Jimenez is a Certified Trust and Financial Advisor (CTFA). This content is for educational purposes only and does not constitute legal advice. Please consult a licensed attorney for legal guidance specific to your situation.