You’ve likely heard of estate planning attorneys before, but your understanding of what they do, and whether you should hire one, might be a little murky. One popular misconception, for example, is that estate planning lawyers are only for the wealthy. In fact, the work of estate planning lawyers encompasses much more than helping the wealthy avoid estate taxes; for example, anyone with young children can benefit from having an estate plan. Read on to learn more about how estate planning attorneys help people prepare for a variety of life situations, and how much it actually costs to hire one.
What Is an Estate Planning Attorney?
An estate planning attorney is an attorney who helps you navigate the legal system so that you can leave behind your property in the manner you desire after your death. In addition, an estate lawyer can also help you provide for your minor children, name a representative to act on your behalf in the event you become incapacitated, and make known your wishes concerning medical care in case someday you’re no longer able to communicate those wishes. In other words, an estate planning lawyer is someone who can guide you through the process of putting your affairs in order.
What Does an Estate Planning Lawyer Do?
Because people’s personal situations and wishes differ so drastically, an estate planning attorney’s tasks will vary depending on each client’s goals. Frequent areas of focus include:
- Drafting a will or living trust. This area of work is likely the one that seems most familiar; one of the most basic tasks of an estate planning lawyer is helping you specify what property you would like to leave behind, and to whom.
- Creating special trusts. Families are complex, and you might have wishes or worries that aren't addressed by a simple will or living trust. In this case, an experienced estate planning attorney can help draft a trust that gives you some control over more complicated situations. For example, you might like to leave money in a trust for someone with special needs, for an heir who isn't responsible with money, or for a spouse to use during the spouse’s lifetime. These types of trusts tend to be quite complicated and specific, and an attorney’s help is usually essential.
- Making arrangements for incapacitation. The lawyer can also help you make financial and medical arrangements in the event of your incapacitation. This can include creating powers of attorney that designate a representative to act on your behalf, as well as documents like health care directives or living wills that lay out your medical or end-of-life wishes.
- Avoiding probate. A large part of the estate planning attorney’s work also involves using the attorney’s expertise and knowledge of the legal system to help you save money, so that you can preserve as large a part of your estate as possible for your heirs. Because the process of going through probate court can cost money and time, keeping your assets out of probate—for example, by using a living trust instead of a will—can result in fewer headaches for your heirs, as well as fewer fees and faster access to the property.
- Minimizing estate taxes. When the total sum of your assets exceeds a certain amount, state and federal taxes can take a significant cut. In 2025, the amount that triggers federal tax is extremely high: $13.99 million, or $27.98 million for couples. As you might imagine, very few people currently have to worry about federal estate tax. However, this threshold amount is always subject to change with new legislation. If you're worried about triggering estate taxes now or in the future, an estate planning lawyer can navigate complex legal and tax rules to help you minimize the assets that count toward the estate tax threshold.
How Much Does an Estate Planning Lawyer Cost?
Estate planning attorneys often charge flat fees—for example, a fixed fee for drafting a simple will. Our survey of readers who hired estate planning lawyers found that most readers who used an attorney ended up purchasing estate planning packages that bundled several documents together. These packages ranged from under $500 to over $3,000; most who paid for a package without a living trust paid less than $1,000.
For attorneys who charge hourly fees instead, the amounts vary widely depending on the attorney’s geographic location and years of experience. In our study of fee arrangements reported by estate planning lawyers, we found that hourly rates averaged $210-$265 for lawyers with 10 years or less of experience and $280-$350 for the most experienced lawyers.
Do You Need a Lawyer to Make an Estate Plan?
In our survey of readers, more than a third opted to create their estate planning documents without the help of a lawyer at all, usually with the help of software like Nolo’s Willmaker & Trust. A lawyer isn't always necessary; some documents, such as health directives and wills, can be quite simple if your circumstances are straightforward. The more complex your circumstances, the more likely it is that the involvement of a lawyer will prove essential. Of course, many people also simply prefer the efficiency and ease of handing the work over to a professional.
If you decide to work with a lawyer, here are some tips for finding a good estate planning attorney.