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When to see an estate planning lawyer

The basic estate planning documents, when to update them, and when it makes sense to hire a lawyer instead of using a form. 4 min read

Estate planning is deciding, in advance, who receives your property and who makes decisions for you and your children if you can't. It is not just for the wealthy: anyone with children, a home, savings or strong wishes about medical care can benefit.

The core documents

Will. Names who receives your property, who manages your estate (the executor or personal representative), and, for parents of minor children, a proposed guardian.
Revocable living trust. Holds property during your life and passes it to beneficiaries at death, often without going through probate court. Useful in some states and situations, but not necessary for everyone.
Financial power of attorney. Lets someone you trust handle money matters if you can't.
Health care directive or health care power of attorney. States your medical wishes and names someone to make health decisions for you.
Beneficiary designations on life insurance, retirement accounts and some bank accounts. These usually override a will, so keep them up to date.

When a lawyer is worth it

Do-it-yourself forms can work for simple situations. A lawyer is especially helpful when:

You have minor children or a family member with special needs.
You have a blended family, or want to leave property unequally.
You own a business, real estate in more than one state, or significant assets.
You expect a family dispute, or want to plan for long-term care costs.

Each state has formal requirements for signing a will, such as the number of witnesses. A lawyer licensed in your state will make sure the documents are valid there.

How estate planning lawyers charge

Many charge a flat fee for a set of documents, which makes costs predictable. Ask what is included, whether updates cost extra, and whether the lawyer helps transfer property into a trust if you create one.

Keep it current

Review your plan every few years and after major events: marriage, divorce, a birth or adoption, a death in the family, a move to another state, or a big change in your finances.

After a death: probate

Probate is the court process for settling an estate. The executor may need a lawyer to guide them through it; many estate planning lawyers also handle probate. To find one, search by your city and filter by the "Estates, Trusts & Elder" practice area.

Related guides

This guide is general information, not legal advice, and laws differ from state to state. For advice about your situation, talk to a lawyer licensed in your state. Last reviewed November 4, 2026.