A will and trust lawyer (also called an estate planning attorney) helps you figure out what happens to your money, property, and possessions when you die. estate planning. They draft wills, set up trusts, handle probate issues, and ensure your estate plan actually works the way you intend.
Not everyone needs a lawyer for basic estate planning—simple wills can often be done with online tools or a brief attorney consultation. But if you have significant assets, own a business, have a blended family, or want to set up trusts, hiring a specialized attorney makes sense.
Here’s what will and trust lawyers actually do and when you should consider hiring one.
What Will and Trust Lawyers Do
Estate planning attorneys specialize in helping people plan for what happens to their assets after death and sometimes during incapacity.
Drafting Wills
Lawyers create legally valid wills that specify:
- Who gets your property and assets
- Who manages your estate (executor)
- Who takes care of your minor children (guardians)
- How debts and taxes should be paid
A lawyer-drafted will costs $300-1,500 depending on complexity but ensures the document complies with your state’s laws. DIY wills work for simple estates but can fail if they don’t meet technical legal requirements.
Setting Up Trusts
Attorneys establish trusts to manage assets during your lifetime and after death. Common types include:
- Revocable living trusts let you maintain control while alive and avoid probate when you die. Cost: $1,500-3,000.
- Irrevocable trusts remove assets from your estate for tax purposes and creditor protection. More complex and expensive to set up.
- Special needs trusts provide for disabled beneficiaries without disqualifying them from government benefits.
- Testamentary trusts are created through your will and only take effect when you die.
The lawyer titles assets in the trust’s name, drafts the trust document, and explains how it operates.
Estate Tax Planning
For estates over the federal exemption ($13.99 million in 2025), lawyers develop strategies to minimize estate taxes:
- Strategic gifting during your lifetime
- Charitable trusts
- Life insurance trusts
- Family limited partnerships
Most people don’t face federal estate taxes, but some states have estate or inheritance taxes kicking in at much lower levels.
Probate and Estate Administration
When someone dies, their estate often goes through probate court. Estate attorneys:
- File necessary court paperwork
- Notify creditors and beneficiaries
- Inventory and appraise assets
- Pay debts and taxes
- Distribute assets to heirs
If you’re named executor of someone’s estate, hiring an attorney to navigate probate saves time and prevents mistakes.
Handling Disputes
Estate lawyers represent clients when disputes arise:
- Will contests (someone challenges the will’s validity)
- Trust disputes between beneficiaries
- Claims by creditors or disinherited family members
- Guardianship or conservatorship fights
- Questions about executor or trustee duties
Litigation gets expensive quickly—$10,000-50,000+ depending on complexity—but sometimes it’s necessary to protect your interests.
Incapacity Planning
Lawyers prepare documents that take effect if you become unable to make decisions:
- Durable power of attorney lets someone manage your finances if you’re incapacitated.
- Healthcare power of attorney designates someone to make medical decisions for you.
- Living wills specify your wishes about life-sustaining treatment.
These documents prevent the need for court-appointed conservatorships.
When You Need a Will and Trust Lawyer
Not everyone needs to hire an attorney for estate planning, but certain situations call for professional help.
You Should Hire a Lawyer If:
- Your estate is worth over $500,000. Assets above this level benefit from strategic planning to minimize taxes and avoid probate complications.
- You own a business. Business succession planning requires specialized knowledge about buy-sell agreements, valuation, and tax implications.
- You have a blended family. Second marriages with children from previous relationships create complex issues about who inherits what. Lawyers help navigate these dynamics fairly.
- You want to disinherit someone. Cutting out a spouse or child requires careful legal drafting to prevent successful will contests.
- You have a disabled family member. Special needs trusts require precise drafting to maintain government benefit eligibility.
- You own property in multiple states. Each state has different laws, and you’ll face multiple probate proceedings without proper planning.
- You’re concerned about estate taxes. If your estate exceeds federal or state exemption amounts, professional tax planning saves your heirs significant money.
- Your family situation is complicated. Estranged relatives, previous marriages, adopted children, or unclear paternity all benefit from lawyer guidance.
- You want sophisticated asset protection. Protecting assets from creditors, lawsuits, or divorce requires irrevocable trusts and proper structuring.
You Might Not Need a Lawyer If:
- Your estate is simple and under $200,000. A basic will drafted online or through a legal document service often suffices.
- You’re young with few assets. If you’re 30 with a small apartment and a 401(k) with named beneficiaries, elaborate estate planning isn’t necessary yet.
- Everything goes to your spouse. Married couples with simple situations often don’t need complex planning—joint ownership handles most assets automatically.
- You just need basic documents. Power of attorney and healthcare directive forms can be completed without an attorney using state-provided templates.
That said, even a brief consultation with an attorney ($200-400) can identify issues you haven’t considered.
How Much Do Will and Trust Lawyers Cost?
Attorney fees for estate planning vary significantly based on complexity and location.
- Simple will: $300-1,000 for straightforward situations
- Basic estate planning package (will, power of attorney, healthcare directive): $500-1,500
- Revocable living trust: $1,500-3,000 for standard trusts
- Complex estate planning: $3,000-10,000+ for sophisticated strategies involving multiple trusts, tax planning, and business succession
- Hourly rates: $200-500 per hour in most areas, higher in major cities
- Probate representation: $3,000-10,000+ depending on estate size and complexity
- Will contest litigation: $10,000-50,000+ for contested cases
Some attorneys charge flat fees for standard services, while others bill hourly. Get a clear fee agreement in writing before hiring anyone.
Is It Worth the Cost?
Compare attorney fees to potential costs of poor planning:
- Probate can cost 3-7% of your estate value
- Estate tax rates reach 40% on amounts above the exemption
- Family disputes over unclear wills cost $20,000-100,000+ in litigation
- Failed DIY estate plans can be challenged and overturned
For most people with assets over $250,000, professional estate planning saves money in the long run.
How to Choose a Good Estate Planning Attorney
Not all lawyers are equally competent in estate planning. Here’s how to find a good one:
Look for specialization. Estate planning is complex. Choose an attorney who focuses primarily on wills, trusts, and estate planning rather than a general practitioner.
Check credentials. Look for board certification in estate planning or membership in the American College of Trust and Estate Counsel (ACTEC), which requires significant experience and expertise.
Ask about experience. How many estate plans have they drafted? Have they handled situations similar to yours? Do they regularly work with estates of your size?
Understand their fee structure. Do they charge flat fees or hourly? What’s included? What costs extra? Get it in writing.
Evaluate communication. Do they explain things clearly? Return calls promptly? Make you feel comfortable asking questions?
Read reviews and ask for references. Check online reviews and ask the attorney for references from past clients.
Meet for a consultation. Most estate planning attorneys offer initial consultations for free or a reduced fee. Use this meeting to assess whether they’re a good fit.
Questions to Ask During Consultation:
- How long have you practiced estate planning?
- What percentage of your practice focuses on estate planning?
- Have you handled cases like mine before?
- What’s your fee structure for services I need?
- How long will the process take?
- What happens if I need to update my documents later?
- Do you handle probate administration if needed?
- Can you provide references from past clients?
Common Estate Planning Mistakes Lawyers Prevent
Hiring an attorney helps you avoid costly errors:
Failing to update documents after life changes. Marriage, divorce, births, deaths, and major asset changes all require estate plan updates. Lawyers remind clients to review plans regularly.
Not properly funding trusts. Creating a trust but forgetting to transfer assets into it defeats the purpose. Attorneys ensure trusts are properly funded.
Leaving assets to minors directly. Children can’t inherit large sums directly. Lawyers establish custodial arrangements or trusts to manage assets until kids reach adulthood.
Overlooking digital assets. Social media accounts, cryptocurrency, and online businesses need specific provisions. Attorneys include these in modern estate plans.
Forgetting about retirement accounts. IRAs and 401(k)s pass via beneficiary designation, not your will. Lawyers coordinate these with your overall plan.
Creating tax problems for heirs. Poor planning can saddle beneficiaries with unnecessary tax bills. Attorneys structure estates tax-efficiently.
Using outdated or invalid documents. State laws change, and DIY forms don’t always comply. Lawyer-drafted documents meet current legal requirements.
DIY Estate Planning: When It Works and When It Doesn’t
Online legal services like LegalZoom, WillandTrustMaker.com, and Trust & Will offer DIY estate planning tools for $100-500. These work for some people but have limitations.
DIY works reasonably well if:
- Your estate is simple and under $200,000
- You’re young and healthy
- You have no unusual family situations
- Everything goes to your spouse or splits evenly among children
- You’re comfortable with legal documents and follow instructions carefully
DIY doesn’t work well if:
- Your estate exceeds $500,000
- You own a business
- You have a blended family or complicated relationships
- You want to disinherit someone
- You need tax planning
- You own property in multiple states
- Your state has specific technical requirements
The biggest risk with DIY estate planning is that you don’t know what you don’t know. A form might look complete, but it could fail due to technical requirements you weren’t aware of.
Many people compromise by using DIY tools for initial drafts, then paying an attorney for a review ($300-500). This catches problems while saving money on drafting.
Do Wills and Trusts Need Notarization?
Whether your will or trust requires notarization depends on your state and the type of document you’re creating.
Wills don’t always require notarization to be legally valid—most states only require your signature and two witnesses. However, getting your will notarized creates a “self-proving affidavit” that speeds up probate. Without notarization, your witnesses might need to testify in court after you die to verify your signature. With notarization, the will is accepted without witness testimony, saving time and money during probate.
Trusts typically require notarization to be legally enforceable. When you sign a trust document, a notary verifies your identity and confirms you’re signing willingly. This helps prevent fraud and challenges to the trust’s validity later. Most attorneys include notarization as part of their trust creation services.
Real estate transfers require notarization when you’re moving property into a trust. The deed transferring ownership must be notarized before the county recorder will accept it. This applies to every piece of real estate—houses, rental properties, land, commercial buildings.
Trust amendments also need notarization. If you modify your trust years after creating it, those changes must be notarized to be legally binding.
Get Your Estate Planning Documents Notarized Online
If you’ve created a will or trust using online legal services or need to notarize trust amendments or property deeds, BlueNotary offers convenient online notarization that’s faster and more flexible than traditional options.
How it works:
- Upload your completed document to bluenotary.us
- Check your ID & Connect with a commissioned online notary via video call
- Sign your document electronically while the notary watches
- Receive your notarized document in 10-15 minutes
Why choose online notarization for estate documents:
- No scheduling conflicts – Available evenings and weekends when attorney offices are closed
- Perfect for amendments – Update trusts years after creation without booking attorney appointments
- Convenient for multiple parties – All signers can join from different locations
- Cost-effective – $25-40 per document versus scheduling mobile notaries ($75-150)
- Legal in most states – Remote online notarization is now accepted in nearly all states
This is especially useful if you’re using DIY estate planning tools and need notarization separate from attorney services, or if you’re making changes to existing documents and don’t want to pay attorney fees just for notarization.
Important: Notarization verifies your signature but doesn’t replace legal advice. If you’re unsure whether your will or trust is properly drafted, consult an estate planning attorney before getting it notarized. A notary can’t give legal advice or tell you if your document will accomplish your goals—they only verify your identity and witness your signature.
The Bottom Line on Will & Trust Lawyers
Will and trust lawyers provide specialized expertise in estate planning, helping you draft wills, set up trusts, minimize taxes, and ensure your wishes are carried out. Whether you need an attorney depends on your estate’s complexity, asset value, and family situation.
For estates over $500,000, business owners, blended families, or anyone with complex situations, hiring an estate planning attorney is worth the cost. They prevent expensive mistakes, reduce family conflicts, and ensure your estate plan actually works.
For simple estates under $200,000 with straightforward family situations, DIY tools or a brief attorney consultation might suffice. But even in simple cases, having a lawyer review your documents ($300-500) provides peace of mind that everything is legally sound.
The cost of professional estate planning—typically $1,500-5,000 for most people—is usually less than the potential costs of probate, estate taxes, and family disputes that result from poor planning.
FAQ
What’s the difference between a will and a trust?
A will directs asset distribution after death and goes through probate court. A trust manages assets during your lifetime and after death, avoids probate, provides privacy, and can minimize taxes. Most comprehensive estate plans include both—a trust for major assets and a “pour-over” will for anything not in the trust.
Do I need a lawyer to create a will or trust?
Not always. Simple wills can be done with DIY tools for estates under $200,000. However, trusts, complex estates, blended families, business ownership, or estates over $500,000 benefit from lawyer expertise. At minimum, have an attorney review DIY documents ($300-500) to catch problems.
How much does an estate planning attorney cost?
Simple wills cost $300-1,000. Basic estate planning packages (will, powers of attorney, healthcare directive) run $500-1,500. Revocable living trusts cost $1,500-3,000. Complex estate planning with multiple trusts and tax strategies costs $3,000-10,000+. Hourly rates range from $200-500 depending on location and experience.
When should I update my estate plan?
Review your estate plan every 3-5 years or after major life events: marriage, divorce, births, deaths, significant asset changes, moves to different states, or changes in relationships with beneficiaries. Federal and state law changes also warrant reviews.
Can I contest a will or trust?
Yes, but you need valid grounds: lack of mental capacity when signing, undue influence, fraud, improper execution, or revocation. Will contests are expensive ($10,000-50,000+) and succeed only about 3% of the time. Lawyer-drafted documents with proper execution reduce successful challenges.
What happens if I die without a will?
Your estate passes according to your state’s intestacy laws, which typically give assets to your spouse and children in predetermined percentages. The court appoints an administrator, and the process takes longer and costs more than with a will. You have no say in who gets what or who raises your children.
Are online estate planning services reliable?
Online services like LegalZoom work for simple estates but have limitations. They provide forms without personalized advice, may not address state-specific requirements, and can’t spot issues unique to your situation. They’re better than nothing but not a substitute for attorney advice in complex cases.
