What Is a Personal Property Memorandum, and Do You Need One?

A personal property memorandum is a separate, signed list that works alongside your will to say who should receive specific personal belongings, like jewelry, furniture, artwork, and family keepsakes. Your will refers to the memorandum, and in most states that makes the list legally binding. Its biggest advantage is flexibility: you can update the list as often as you like without rewriting your will.

If you're planning your estate, downsizing, or simply want to make sure the right people end up with the things that matter, a personal property memorandum is one of the simplest tools you can use.

This guide is general information, not legal advice. Rules vary by state, so work with an estate planning attorney when you create or update your will.

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How a personal property memorandum works

Your will includes a clause that refers to a separate written list for your tangible personal property. That list, the memorandum, names each item and who should receive it. When the time comes, your executor follows the list.

Many states base their rules on a section of the Uniform Probate Code that allows exactly this kind of "separate writing." Under those rules, the memorandum can be written before or after your will, and you can change it later without witnesses or a notary.

What you can and can't include

A memorandum is meant for physical belongings you can touch and move. It usually can't be used for money or property that's handled through other documents.

Usually allowed:

• Jewelry and watches
• Furniture and home decor
• Artwork and collections
• China, silver, and kitchenware
• Family photos, letters, and keepsakes
• Tools, books, and clothing

Usually not allowed:

• Cash and money in bank accounts
• Real estate
• Stocks, bonds, and other investments
• Business property
• Insurance policies and promissory notes
• Vehicles, in some states

Vehicles are a gray area: some states treat them as personal property that a memorandum can cover, and others don't. Ask your attorney how your state handles them.

How to make a personal property memorandum valid

1. Reference it in your will. The memorandum generally isn't binding unless your will specifically refers to it. This is the most common mistake.
2. Describe each item clearly. Identify both the item and the recipient with enough detail that there's no confusion. "Grandma's gold locket with the engraved initials" works better than "my jewelry."
3. Sign and date it. Dating isn't required everywhere, but it makes clear which version is the latest. Some states have extra requirements: in South Carolina, for example, the memorandum must be handwritten.
4. Keep it with your will. Store the original where your executor will find it, and if your attorney holds your will, send them the memorandum too.
5. Update it the right way. Don't cross things out. Write, sign, and date a new version, and discard the old one.

Do you need a personal property memorandum?

You'll likely benefit from one if:

• You have specific wishes for specific things. A ring for one grandchild, a desk for another, the quilt for your sister.
• Your wishes may change. Updating a memorandum is far easier than amending a will each time you change your mind or a new grandchild arrives.
• Your family has more than one person who might want the same item. A clear list prevents guessing and disagreements later.
• You're downsizing. Deciding where things will go is a natural part of moving to a smaller home, and a memorandum captures those decisions.

If your state doesn't recognize a memorandum, it has no legal effect, and specific gifts need to be written into your will or trust instead. Your attorney can tell you which applies.

Common mistakes to avoid

• Forgetting to reference the memorandum in your will
• Vague descriptions, like "my paintings" or "the good china"
• Leaving it unsigned or undated
• Listing items it can't cover, like cash or stock certificates
• Storing it somewhere your executor won't find it

A simple format to start from

Most memorandums are a short list. For each item, include four things:

1. Item, such as "gold locket"
2. Description and location, such as "engraved M.E.R., in the jewelry box in the main bedroom"
3. Recipient, with their full name and relationship to you
4. Alternate, in case the recipient can't receive it

An illustrative entry might read: "Gold locket, engraved M.E.R., in the jewelry box in the main bedroom, to my granddaughter Emma Ruiz, or if she cannot receive it, to my daughter Ana Ruiz."

Sign and date the bottom of the list, and check with your attorney for any wording your state requires.

Prefer not to start from a blank page? Track each item, its location, and who you'd like to receive it in Nemu. When you're ready, download your list and use it to fill in your memorandum.

Make your descriptions easy to follow

The best memorandums leave no room for "which one did she mean?" Photos help. A home inventory with a photo, description, and location for each item gives your executor a clear reference, and you can share it with your attorney when you write or update your memorandum.

Nemu makes this simple. Take photos and Nemu fills in names and descriptions for each item. If you'd like to know what your family hopes to receive before you decide, you can invite them to see your inventory and share which items mean the most to them. Then download your inventory to write your memorandum with the full picture, or share it with your attorney. As your wishes change, update the list in Nemu and download a fresh copy.

Not sure how to bring it up with family? Here's how to talk to your parents about what happens to their stuff.

Start with a clear list

A personal property memorandum is only as useful as it is clear. Start by documenting what you own, then decide where each piece should go.

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Frequently asked questions

What is a personal property memorandum?

A personal property memorandum is a signed list, referenced in your will, that names who should receive specific personal belongings like jewelry, furniture, and keepsakes. In most states it's legally binding, and you can update it without changing your will.

Is a personal property memorandum legally binding?

In most, but not all, states, yes, as long as your will specifically refers to it and the memorandum is signed and describes items and recipients clearly. In states that don't recognize it, the list has no legal effect, so specific gifts need to go in your will or trust.

Does a personal property memorandum need to be notarized or witnessed?

Generally no. Most states don't require witnesses or a notary. It does need to be signed, and dating it is strongly recommended. Some states add requirements, such as South Carolina, which requires it to be handwritten.

Can I change my personal property memorandum?

Yes. You can update it as often as you like without amending your will. Write, sign, and date a new version and discard the old one, rather than crossing items out.

What can't go in a personal property memorandum?

Most states don't allow money, real estate, stocks and other investments, business property, or insurance policies. Those need to be handled in your will, a trust, or beneficiary designations.

Where should I keep my personal property memorandum?

Keep it with your will, where your executor can find it. If your attorney holds your will, send them the original memorandum too.

Sources: Nolo, Massachusetts General Laws ch. 190B, section 2-513, Nelson Mullins.