Some people can make basic estate planning documents, like a will, without a lawyer. But others might need an attorney, whether to create a more sophisticated estate plan or to assist with complicated legal questions.
If you’re deciding between hiring a lawyer to create an estate plan and doing it yourself, you’re probably wondering how much each option costs.
To help readers get a sense of costs, we analyzed data on fee arrangements reported by attorneys across the United States. These were lawyers who focused their practices on wills, living trusts, and other estate planning matters. We also surveyed readers who created estate plans with or without a lawyer. Separately, we studied attorney billing practices and publicly available information about attorney rates.
All in all, here’s what we’ve learned about legal expenses for estate planning. (We also provide data on legal expenses for estate administration in our article How Much Do Lawyers Charge to Help With Probate or Settling an Estate?)
The Cost of Using an Attorney
Attorneys who handle estate planning matters generally use one of two types of fee arrangements: hourly fees or flat rates.
Hourly Fees for Estate Planning Attorneys
Estate lawyers who bill by the hour charge different hourly rates, depending on the client and the type of service being provided. Many of the lawyers in our 2018 study on attorney rates reported a range of hourly fees, with minimum and maximum rates that averaged $250 and $310, respectively.
But these averages were based on national data, so attorneys in your area might charge above or below those averages. Some lawyers could charge as low as $200 per hour, depending on their location and experience level. On the high end, attorneys might charge up to $500 per hour for estate planning. Lawyers who handle large or complicated estates can charge even more.
Of course, attorneys’ fees can vary for several reasons, including::
- Location. Not surprisingly, hourly fees tend to be higher than average in large metropolitan areas. According to both our study and a 2023 report from Clio, a legal technology company, average hourly rates vary considerably from state to state. In Clio’s report, average hourly rates for wills and estate attorneys were anywhere from a low of $201 in Indiana to a high of $448 in the District of Columbia. Considering the above study and report, in less expensive areas of the country, you’re probably looking at a range of $200 to $350 an hour. Lawyers in expensive markets are more likely to charge $350 to $500 per hour.
- Years of experience. Attorneys generally charge more per hour as they gain more experience. Our 2018 study showed average hourly rates climbing from $210-$265 for lawyers with 10 years or less in practice to $280-$350 for the most experienced. But, when you’re comparing lawyers and their fees, don’t assume a more experienced lawyer with a higher hourly rate will cost you more in the end. Experienced attorneys can often handle estate matters in less time than lawyers with less experience. And less time ultimately could mean a lower total bill.
With hourly rates, costs can add up quickly. You might be able to save on your total bill by asking for “unbundled” legal services—meaning that you pay the lawyer for specific tasks you need help with.
For instance, you could pay an attorney to review estate planning documents that you created based on your own research or with an online form or software program (such as Nolo’s Willmaker & Trust). Or you might want a lawyer to help with one particular form or give you advice about a specific question.
Flat Fees for Estate Planning
Attorneys often charge a fixed or “flat” fee to handle some estate planning or administration matters. For instance, lawyers might quote you a single price to prepare a simple will or a durable power of attorney. In fact, our 2018 survey of readers who hired lawyers to prepare estate planning documents showed that more than 8 in 10 paid a flat fee.
Our survey revealed a fairly wide range of flat fees charged by lawyers for packages of estate planning documents, from under $500 to $3,000 or more. About a third (32%) of readers paid between $1,000 and $2,000, while a quarter (25%) paid between $500 and $1,000.
Attorneys also commonly offer a “bundle” flat fee for a package of estate planning documents, including a will, a trust, and health care directives like living wills. Nearly 9 in 10 of readers who paid a flat fee had a bundle (with a typical package fee of $1,000-$2,000). About 80% of those bundles included living trusts, which are more complicated to set up—and thus more expensive—than other estate planning documents.
So, it’s likely that you would pay closer to the lower end of the range shown in our survey if you don’t need a trust. In fact, two-thirds of our readers who paid for a package without a living trust paid less than $1,000. (Remember, though, these were 2018 numbers.)
Many clients prefer a flat fee because they know from the outset exactly how much they’ll pay. But if you’re going this route, make sure that you understand exactly what’s included in the flat fee. The lawyer should provide a written fee agreement that spells out what services are or aren’t included in the flat fee.
The Cost of Do-It-Yourself Estate Planning
If you’re considering creating estate planning documents without a lawyer’s help, you could use software or online forms. But how much will that cost?
Cost of Estate Planning Software or Online Forms
The good news is that it costs very little to create your own will, living trust, power of attorney, or healthcare directive. About 6 in 10 (59%) of our DIY ("do it yourself") readers used estate planning software (like Nolo’s WillMaker & Trust) or an online service.
In 2023, DIY software can cost anywhere from $40 for a simple will to $700 for an estate plan for a married couple that includes a trust. The price of a software package depends on how many documents you’ll receive. In general, you’ll probably pay between $100 and $400 for most estate planning software packages. Look closely at what documents come with a software package so you don’t miss anything you need or pay for something you don’t want. (Also, keep in mind that you might have additional costs here and there—for instance, a filing fee if you’re transferring a home into a trust.)
For those who create the documents on their own, based on their own research, the costs will probably be even lower. You might be able to spend as little as $30 or $40 for an estate planning book (like Nolo’s Make Your Own Living Trust), or use a library book or online research.
How Long Does It Take to Do DIY Estate Planning?
Many people think that creating estate planning documents will take a long time if they don’t hire a lawyer to do it for them. But our survey showed that’s not necessarily the case if you use estate planning software or online forms. It took 2 hours or less for 4 in 10 (40%) of software/online users to create their estate planning documents. The job took between two and four hours for about a quarter (27%) of them.
As you’d expect, it takes longer when estate plans include multiple documents (as was the case for most of our readers). It took more than five hours for most DIY readers (56%) who created both a will and living trust (with or without software or online help).
When to Hire a Lawyer?
Only about 4 in 10 readers (39%) in our survey did their own estate planning, without an attorney’s help. Given the considerable cost savings—compared with what lawyers charge to prepare estate planning documents—you might wonder why more people don’t choose this option. But there are good reasons.
You should strongly consider consulting with an estate planning attorney if you have:
- significant or complex assets (including a family-owned business or partnership interests), or
- a complicated family situation (such as children from a previous marriage, a special needs child who might need lifelong support, or one spouse who’s not a United States citizen).
In situations like these, help from an experienced estate planning lawyer can be well worth the expense—and can save your loved ones from unexpected costs and headaches down the road.
Overwhelmingly, our readers who hired an estate planning lawyer reported positive experiences. More than 8 in 10 (82%) were satisfied or very satisfied with their attorneys, while only 6% reported any level of dissatisfaction.
Getting a Free Consultation
Given the potential expense of hiring a lawyer, it’s helpful to know that most estate planning attorneys offer a brief initial meeting without charge.
Across the country, nearly two-thirds (63%) of the lawyers in our 2018 study said they offer free consultations. While 30 minutes was the most common length for those meetings, nearly 3 in 10 attorneys (27%) reported offering more time than that—bringing the overall average up to 43 minutes of free consultation.
Even if you have to pay for a consultation with an estate planning lawyer, it might still be worth your while. These initial meetings are a good opportunity to discuss your situation, ask questions, and decide whether the lawyer is a good fit for your needs. (Learn more about preparing to meet with a trusts and estates attorney and how to find a good trusts and estates lawyer.)
