For a will, the attorney you want is an estate planning attorney. These lawyers focus on the documents that move assets at death or during incapacity, and one of them can usually handle everything a typical person needs. Larger estates, business ownership, or property abroad may call for a tax or corporate attorney working alongside the estate planner, but the estate planning attorney remains the person who drafts and coordinates the plan.
What an Estate Planning Attorney Actually Prepares
A will is one document in a package. An estate planning attorney drafts the will itself, which directs how your property is distributed and names a guardian for minor children, and then builds the surrounding documents that make the plan work in practice.
A revocable living trust is a common companion. Assets placed in the trust during your lifetime pass directly to beneficiaries without going through probate, and you keep full control while you’re alive.1Consumer Financial Protection Bureau. What Is a Revocable Living Trust Not every estate needs one. A smaller or simpler estate may be fine with a well-drafted will, and a good attorney will tell you when a trust adds real value instead of just adding cost.
Alongside the will, an estate planning attorney typically prepares a durable power of attorney, which lets someone handle your finances if you become incapacitated, and a healthcare directive (sometimes called a living will), which spells out medical treatment preferences and names a healthcare decision-maker. If you have a dependent with a disability, a special needs trust can provide for them without disqualifying them from Medicaid or Supplemental Security Income. These documents interact with one another, and an estate planning attorney understands how to make them consistent.
Part of that consistency is beneficiary designations. Retirement accounts, life insurance policies, and payable-on-death bank and brokerage accounts pass to whoever is named on the beneficiary form, regardless of what your will says. If your will leaves everything to your current spouse but your 401(k) still lists an ex-spouse, the ex-spouse gets the 401(k). An estate planning attorney will review those forms alongside the will so both tell the same story. A template or online tool usually won’t prompt you to do that.
When You Also Need a Specialist
Most wills do not require more than one attorney. A few situations do.
- Business ownership. If you hold a significant stake in a business, a corporate or business attorney can help structure a succession plan, which may include a buy-sell agreement obligating a co-owner or the company to purchase your interest at a predetermined price.
- Large estates and tax exposure. The federal estate tax applies only to estates exceeding the basic exclusion amount, which for 2026 is $15 million per individual and $30 million for married couples. The One, Big, Beautiful Bill Act, signed into law on July 4, 2025, permanently set this threshold. For estates near or above that line, a tax attorney can structure plans using advanced trusts and lifetime gifting. Roughly a dozen states and the District of Columbia impose their own estate or inheritance taxes, some starting at amounts as low as $1 million, so a tax attorney familiar with your state’s rules can matter even below the federal threshold.2Internal Revenue Service. What’s New Estate and Gift Tax
- International assets. Property or financial accounts in another country raise questions about foreign inheritance laws, tax treaties, and forced heirship rules that can override your wishes. An attorney with international estate planning experience can navigate the overlap.
Your estate planning attorney is usually the right person to coordinate these specialists rather than you hiring them separately.
Why a General-Practice Lawyer or DIY Will Often Falls Short
A general-practice lawyer who writes two wills a year alongside a busy personal injury or real estate practice isn’t the same as a lawyer who spends most of their time on trusts and estates. The companion documents, the beneficiary coordination, and the state-specific requirements are where thin experience shows up, usually after you’re no longer around to fix it.
Online templates and handwritten wills carry their own risks. Most states require a will to be signed by the person making it and witnessed by at least two disinterested adults who do not stand to inherit. Handwritten (holographic) wills are recognized in some states and not others, and even where they are valid, the lack of witnesses and precise language tends to invite court challenges. Common errors that invalidate DIY wills include missing signatures, witnesses who are also beneficiaries, vague descriptions of assets, and contradictions with older documents that were never formally revoked. An estate planning attorney catches these before they become courtroom disputes.
One boundary worth being clear about: a will does not control every asset. Retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary designation no matter what the will says. No attorney, however skilled, can override that with will language alone, which is why the designations get reviewed together with the will.
How to Find a Qualified Estate Planning Attorney
Referrals from people who have been through the process are the most reliable starting point. Ask friends or family who have created estate plans, or ask a financial advisor or CPA you already work with. These professionals see how different attorneys’ documents hold up when an estate is actually administered.
State and local bar associations run referral services that screen by practice area. For a more targeted search, the American College of Trust and Estate Counsel (ACTEC) maintains a directory of fellows with advanced expertise in estate planning. The National Association of Estate Planners & Councils awards the Accredited Estate Planner (AEP) designation to professionals with at least five years of experience who devote a significant portion of their practice to estate planning and hold additional professional credentials.3National Association of Estate Planners & Councils. Accredited Estate Planner Designation Either credential signals that the attorney takes this area of law seriously.
When you meet with potential attorneys, ask how many estate plans they draft in a typical year, and ask about their experience with situations like yours, whether that’s a blended family, a small business, or property in multiple states. Pay attention to how clearly they explain things. If they can’t describe a revocable trust in plain English during a consultation, they probably won’t do it in your documents either.
What It Costs and What to Bring
Fees vary by region and complexity. A basic will with no trust generally runs from a few hundred dollars to around $1,500 as a flat fee. A more complete plan including a revocable living trust, powers of attorney, and a healthcare directive typically runs between $2,000 and $5,000 or more, with attorneys in major metro areas at the higher end. Some lawyers bill hourly; others offer flat-fee packages for standard plans. Ask directly about the fee structure and what’s included. A flat fee that covers the full set of documents is usually a better deal than paying hourly for each one separately.
Walking in prepared saves time and money. Bring:
- Recent statements for every checking, savings, brokerage, and retirement account.
- Details on real estate, business interests, and valuable personal property such as vehicles, jewelry, or collectibles.
- Outstanding debts, including mortgage, student loans, or business loans.
- Beneficiary designation forms for all retirement accounts, life insurance policies, and payable-on-death or transfer-on-death accounts.
- A list of significant digital assets, including cryptocurrency, online banking, email, and cloud-stored files, since many technology companies restrict access even for immediate family members with a death certificate.
- A list of potential beneficiaries with full legal names and contact information, along with your choices for executor and, for minor children, guardian.
Deciding on the executor and guardian before the meeting is worth the time. Those are the choices clients most often freeze on in the office, and the ones most worth thinking through carefully.