Get help
Do I need an estate planning attorney, and which documents do I need?

Short answer
Not always: a simple will can be done with a state's statutory form. Most plans have a will, a durable power of attorney and an advance directive, and many add a living trust, a transfer on death deed or beneficiary forms to skip probate. A lawyer helps most with children, a blended family, a business or a large estate.
Key points
- The documents
- A will, a durable power of attorney for money, an advance directive for health care, and often a living trust, a transfer on death deed and up-to-date beneficiary forms.
- Probate
- A will doesn't avoid probate. Property with a named beneficiary, joint ownership with survivorship or held in a living trust usually does. Small estates use a simpler procedure: up to $208,850 in California.
- Taxes
- Federal estate tax applies only above $15,000,000 for 2026 deaths. Twelve states and DC tax large estates, from $1,000,000 in Oregon; five states tax what heirs receive.
- The lawyer
- No state sets a price for estate planning. Get the scope of the work and the fee in writing, and check the license in your state.
An estate planning attorney drafts the documents that say who gets your property, who manages it, and who decides for you if you cannot. This page helps you decide what you need and whether you need a lawyer: the documents and what each one does, which property skips probate, the small-estate shortcuts, estate and inheritance tax in every state, what to ask about fees, and the official place to check a lawyer's license.
Each document has its own page in this guide, linked below. Nothing here ranks or recommends a lawyer or a firm.
Which estate planning documents do you need?
An estate plan is a set of documents, each doing one job. The table shows what each one does, whether the property it covers skips probate, and the guide page with the state rules:
| Document | What it does | Skips probate? | Read more |
|---|---|---|---|
| Will | Says who gets your property and names an executor. California's statutory will lets you nominate a guardian for children under 18. Signed with at least two witnesses in California, Texas, Florida and New York. | No. Assets in your name alone usually go through probate, with or without a will. | Last will and testament |
| Revocable living trust | Holds the property you put into it; a successor trustee takes over when the trust document says, for example at your death. | Yes, for what you put into it. Assets left in your name alone usually still go through probate, even with a pour-over will. | Revocable living trust |
| Durable power of attorney | Lets an agent handle your money and property. Durable in California, Texas and Florida only if it says so; in New York, durable unless it says otherwise. It ends at death. | Not a death document | Power of attorney |
| Advance directive or health care proxy | States the treatment you want and names a health care agent. Signed before 2 witnesses (a notary may replace them in California and Texas). | Not a death document | Living will and advance directive |
| Transfer on death deed | Names who gets your real estate at your death. Confirmed in 28 states and DC; it must be recorded before the owner dies. | Yes, in the states that allow it | Transfer on death deed |
| Beneficiary forms and joint ownership | Accounts and policies with a named beneficiary, and property held jointly with survivorship, pass to the survivor. | Usually yes | What is probate? |
Quick guide
Which estate planning documents do you need?
1. What do you want to plan for first?
What do you own, mostly?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
Will, trust or probate: what happens to what you leave
Probate is the court process that transfers a person's property after death, and an estate may need it even if there was a will. Property with a named beneficiary, joint ownership with survivorship or held in a living trust usually passes without it. Without a will, state law decides who inherits: see Dying without a will.
| State | Small-estate shortcut | Personal representative's pay |
|---|---|---|
| California | Small estate affidavit up to $208,850 (deaths on or after April 1, 2025), once 40 days have passed. Prob. Code §§ 13100, 13101 · form DE-300 | Set by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then less. The lawyer's fee follows the same scale. §§ 10800, 10810 |
| Texas | Small estate affidavit up to $75,000, not counting homestead and exempt property, when there is no will; 30 days after the death. Est. Code § 205.001 | A 5% commission on cash received and paid out, with exclusions such as cash already in the bank, capped at 5% of the estate's value. § 352.002 |
| Florida | Summary administration up to $150,000 (from July 1, 2026), or any amount if the person died more than 2 years ago. Fla. Stat. § 735.201 | Presumed reasonable: 3% of the first $1 million, then 2.5%, 2% and 1.5%. There is no mandatory statutory attorney fee. §§ 733.617, 733.6171 |
| New York | Voluntary administration for personal property up to $50,000. SCPA § 1301 | Commissions: 5% of the first $100,000, 4% of the next $200,000, 3% of the next $700,000, 2.5% of the next $4 million, 2% above $5 million. SCPA § 2307 |
- In California, a formal probate case typically takes 9 to 18 months, and the fee to open it is typically $435. California Courts
- California sets the personal representative's fee and the lawyer's fee as a percentage of the estate, usually paid at the end of the case. Cal. Prob. Code §§ 10800, 10810
- In Florida, summary administration also fits when the person died more than 2 years ago. Fla. Stat. § 735.201
Quick guide
Will, trust or probate: what happens to what you leave?
1. What will be in your name alone at death: no beneficiary, no joint owner, not in a trust?
Will there be a will?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
Calculator
Is the estate small enough for a simpler procedure?
1. Which state?
Fill in the steps to see the answer.
Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
Estate tax and inheritance tax: the federal line and every state
Most estates owe no estate tax. The federal estate tax applies only to estates above $15,000,000 for deaths in 2026, at 40% of the excess, paid by the estate; everything left to a spouse or charity is deducted. Twelve states and DC tax large estates, and five states (Pennsylvania, New Jersey, Kentucky, Maryland and Nebraska) tax what heirs receive. The table restates the guide's check of every state; the calculator is on Inheritance tax and estate tax by state. IRS: Estate tax
| State | Estate tax: exemption | Estate tax rates | Inheritance tax | Effective | Citation | Source |
|---|---|---|---|---|---|---|
| Alabama | No | — | No | — | — | — |
| Alaska | No | — | No | — | — | — |
| Arizona | No | — | No | — | — | — |
| Arkansas | No | — | No | — | — | — |
| California | No | — | No | — | — | — |
| Colorado | No | — | No | — | — | — |
| Connecticut | Yes: $15,000,000 (equal to the federal basic exclusion amount) | 12% of the excess; tax capped at $15 million; gifts taxed too | No | 12% rate since January 1, 2023; 2026 amount set by the IRS | Conn. Gen. Stat. § 12-391 | Connecticut General Assembly |
| Delaware | No | — | No | — | — | — |
| District of Columbia | Yes: $4,988,400 for deaths in 2026 | 11.2% to 16% above the exclusion | No (only for deaths before April 1, 1987) | Rates since January 1, 2016; exclusion for deaths in 2026 (notice of October 1, 2025) | D.C. Code §§ 47-3701, 47-3702 | D.C. Office of Tax and Revenue |
| Florida | No | — | No | — | — | — |
| Georgia | No | — | No | — | — | — |
| Hawaii | Yes: $5,490,000 | 10% to 20% | No | Exclusion since January 1, 2018; rates as of January 1, 2020 | Form M-6 instructions (Rev. 2025) | Hawaii Department of Taxation |
| Idaho | No | — | No | — | — | — |
| Illinois | Yes: $4,000,000 (a threshold, not a credit) | Interrelated calculation: $285,714 on a $5,000,000 estate | No | Fact sheet for deaths in 2023 and later | Illinois Estate and Generation-Skipping Transfer Tax Act | Illinois Attorney General |
| Indiana | No | — | No | — | — | — |
| Iowa | No | — | No: repealed for deaths on or after January 1, 2025 | January 1, 2025 | Iowa Department of Revenue | Iowa Department of Revenue |
| Kansas | No | — | No | — | — | — |
| Kentucky | No | — | Yes: Class A (spouse, parent, child, grandchild, brother, sister) exempt; Class B $1,000 exemption, 4% to 16%; Class C $500 exemption, 6% to 16% | Class A exempt for deaths after June 30, 1998 | Ky. Rev. Stat. ch. 140 (Guide 92F101) | Kentucky Department of Revenue |
| Louisiana | No | — | No | — | — | — |
| Maine | Yes: $7,160,000 | 8%, 10%, 12% | No | Deaths in 2026 ($7,000,000 in 2025) | Form 706ME | Maine Revenue Services |
| Maryland | Yes: $5,000,000 | Up to 16% of the excess | Yes: 10%; spouse, children and their descendants, parents, grandparents, siblings, stepchildren, stepparents and a child's spouse exempt; $1,000 or less to one person exempt | Exclusion since January 1, 2019 | Md. Code, Tax-Gen. §§ 7-203, 7-204, 7-309 | Maryland General Assembly |
| Massachusetts | Yes: $2,000,000; above it the whole estate is taxed, less a $99,600 credit | 0.8% to 16% (the old federal credit table) | No | Deaths on or after January 1, 2023 (St. 2023, c. 50) | Mass. Gen. Laws c. 65C, § 2A | Massachusetts Department of Revenue: estate tax guide |
| Michigan | No | — | No | — | — | — |
| Minnesota | Yes: $3,000,000 | 13% to 16% | No | Exclusion since 2020; rates since 2018 | Minn. Stat. §§ 291.016, 291.03 | Minnesota Revisor of Statutes |
| Mississippi | No | — | No | — | — | — |
| Missouri | No | — | No | — | — | — |
| Montana | No | — | No | — | — | — |
| Nebraska | No | — | Yes: county tax; 1% above $100,000 (close relatives), 11% above $40,000 (aunts, uncles, nieces, nephews), 15% above $25,000 (others); heirs under 22 exempt | Deaths on or after January 1, 2023 (LB310) | Neb. Rev. Stat. §§ 77-2004 to 77-2006 | Nebraska Legislature (Unicameral Update); Nebraska Department of Revenue forms |
| Nevada | No | — | No | — | — | — |
| New Hampshire | No | — | No | — | — | — |
| New Jersey | No (ended for deaths on or after January 1, 2018) | — | Yes: Class A (spouse, partner, children, stepchildren, grandchildren, parents, grandparents) exempt; Class C (siblings, a child's spouse) $25,000 free, then 11% to 16%; Class D (others) 15% to $700,000, then 16% | Estate tax ended January 1, 2018 | N.J. Division of Taxation: inheritance tax rates and beneficiary classes | N.J. Division of Taxation |
| New Mexico | No | — | No | — | — | — |
| New York | Yes: $7,350,000; whole estate taxed above 105% ($7,717,500) | 3.06% to 16% | No | January 1, 2026 ($7,160,000 in 2025) | N.Y. Tax Law § 952 | NY Department of Taxation and Finance |
| North Carolina | No | — | No | — | — | — |
| North Dakota | No | — | No | — | — | — |
| Ohio | No | — | No | — | — | — |
| Oklahoma | No | — | No | — | — | — |
| Oregon | Yes: $1,000,000 | 10% to 16% | No | Return due 12 months after death for deaths on or after January 1, 2022 | Form OR-706 instructions (2025), Part 6 | Oregon Department of Revenue |
| Pennsylvania | No | — | Yes: spouse 0%; children, grandchildren and other lineal heirs 4.5%; siblings 12%; others 15%; a parent from a child 21 or younger 0% | In force on October 21, 2026 | Pennsylvania Department of Revenue: inheritance tax rates | Pennsylvania Department of Revenue |
| Rhode Island | Yes: $1,838,056 for deaths in 2026; above it the estate is taxed, less an $87,940 credit | 0.8% to 16% (the old federal credit table), times the Rhode Island share | No | Deaths on or after January 1, 2026 (Advisory ADV 2025-27, December 30, 2025) | R.I. Gen. Laws § 44-22-1.1 | Rhode Island Division of Taxation |
| South Carolina | No | — | No | — | — | — |
| South Dakota | No | — | No | — | — | — |
| Tennessee | No | — | No | — | — | — |
| Texas | No | — | No | — | — | — |
| Utah | No | — | No | — | — | — |
| Vermont | Yes: $5,000,000 | 16% | No | $5,000,000 since 2021; filing threshold matched June 18, 2026 | 32 V.S.A. § 7442a | Vermont Department of Taxes |
| Virginia | No | — | No | — | — | — |
| Washington | Yes: $3,000,000 (deaths on or after July 1, 2026) | 10% to 20% | No | July 1, 2026 ($3,076,000 and up to 35% for deaths January 1 to June 30, 2026) | Washington DOR: estate tax tables (Table W) | Washington Department of Revenue |
| West Virginia | No | — | No | — | — | — |
| Wisconsin | No | — | No | — | — | — |
| Wyoming | No | — | No | — | — | — |
State map · 51 of 51 with a value
State estate and inheritance taxes on one map
Show
- Under $2 million2
- $2 million to under $4 million3
- $4 million to under $6 million5
- $6 million or more3
- No estate tax38
See the table 51 rows
| State | Estate tax exemption | Inheritance tax | Law |
|---|---|---|---|
| Alabama | No estate tax | No inheritance tax | |
| Alaska | No estate tax | No inheritance tax | |
| Arizona | No estate tax | No inheritance tax | |
| Arkansas | No estate tax | No inheritance tax | |
| California | No estate tax | No inheritance tax | |
| Colorado | No estate tax | No inheritance tax | |
| Connecticut | $15,000,000 | No inheritance tax | Conn. Gen. Stat. § 12-391 |
| Delaware | No estate tax | No inheritance tax | |
| District of Columbia | $4,988,400 | No inheritance tax | D.C. Code §§ 47-3701, 47-3702 |
| Florida | No estate tax | No inheritance tax | |
| Georgia | No estate tax | No inheritance tax | |
| Hawaii | $5,490,000 | No inheritance tax | Form M-6 instructions (Rev. 2025) |
| Idaho | No estate tax | No inheritance tax | |
| Illinois | $4,000,000 | No inheritance tax | Illinois Estate and Generation-Skipping Transfer Tax Act |
| Indiana | No estate tax | No inheritance tax | |
| Iowa | No estate tax | No inheritance tax | Iowa Department of Revenue |
| Kansas | No estate tax | No inheritance tax | |
| Kentucky | No estate tax | Inheritance tax | Ky. Rev. Stat. ch. 140 (Guide 92F101) |
| Louisiana | No estate tax | No inheritance tax | |
| Maine | $7,160,000 | No inheritance tax | Form 706ME |
| Maryland | $5,000,000 | Inheritance tax | Md. Code, Tax-Gen. §§ 7-203, 7-204, 7-309 |
| Massachusetts | $2,000,000 | No inheritance tax | Mass. Gen. Laws c. 65C, § 2A |
| Michigan | No estate tax | No inheritance tax | |
| Minnesota | $3,000,000 | No inheritance tax | Minn. Stat. §§ 291.016, 291.03 |
| Mississippi | No estate tax | No inheritance tax | |
| Missouri | No estate tax | No inheritance tax | |
| Montana | No estate tax | No inheritance tax | |
| Nebraska | No estate tax | Inheritance tax | Neb. Rev. Stat. §§ 77-2004 to 77-2006 |
| Nevada | No estate tax | No inheritance tax | |
| New Hampshire | No estate tax | No inheritance tax | |
| New Jersey | No estate tax | Inheritance tax | N.J. Division of Taxation: inheritance tax rates and beneficiary classes |
| New Mexico | No estate tax | No inheritance tax | |
| New York | $7,350,000 | No inheritance tax | N.Y. Tax Law § 952 |
| North Carolina | No estate tax | No inheritance tax | |
| North Dakota | No estate tax | No inheritance tax | |
| Ohio | No estate tax | No inheritance tax | |
| Oklahoma | No estate tax | No inheritance tax | |
| Oregon | $1,000,000 | No inheritance tax | Form OR-706 instructions (2025), Part 6 |
| Pennsylvania | No estate tax | Inheritance tax | Pennsylvania Department of Revenue: inheritance tax rates |
| Rhode Island | $1,838,056 | No inheritance tax | R.I. Gen. Laws § 44-22-1.1 |
| South Carolina | No estate tax | No inheritance tax | |
| South Dakota | No estate tax | No inheritance tax | |
| Tennessee | No estate tax | No inheritance tax | |
| Texas | No estate tax | No inheritance tax | |
| Utah | No estate tax | No inheritance tax | |
| Vermont | $5,000,000 | No inheritance tax | 32 V.S.A. § 7442a |
| Virginia | No estate tax | No inheritance tax | |
| Washington | $3,000,000 | No inheritance tax | Washington DOR: estate tax tables (Table W) |
| West Virginia | No estate tax | No inheritance tax | |
| Wisconsin | No estate tax | No inheritance tax | |
| Wyoming | No estate tax | No inheritance tax |
Each state's value is the one its row of this page's table states, with the law it cites. Nothing you tap is saved or sent. Not legal advice.
What does an estate planning attorney cost?
No state publishes a price for estate planning. Ask whether the fee is flat or hourly, and exactly what it includes. Under the ABA model rule, the scope of the work and the basis or rate of the fee must be communicated to you, preferably in writing, before or soon after the work starts. ABA Model Rule 1.5(b)
Probate fees are a separate cost, paid from the estate after death. California sets the lawyer's probate fee by statute as a percentage of the estate, and Texas caps the executor's commission at 5%. That is one reason people use trusts, transfer on death deeds and beneficiary forms. Bar-run referral services connect you with a lawyer for your kind of problem. The ones this guide has checked publish a first-consultation price: the State Bar of Texas service up to $20 for up to 30 minutes, The Florida Bar service up to $25 for 30 minutes, and the New York State Bar Association service normally $35 for the first half hour; California certifies its referral services, which you search by county. See Find a lawyer or free legal aid for the details.
Can I do my own estate plan without a lawyer?
Sometimes. States publish forms for the simple cases: California's statutory will form, the Texas statutory durable power of attorney and California's statutory advance directive form. A will in your own handwriting needs no witnesses in California and Texas, but Florida has no such exception.
Talk to a lawyer or a legal aid office if:
- you have children under 18, or a child from another relationship: in Florida, a child from another relationship cuts a surviving spouse's share without a will from all to one-half;
- you own a business, real estate in more than one state, or property in a trust you want to change;
- your estate is near a state estate tax line, as low as $1,000,000 in Oregon;
- someone may challenge the plan, or you want to give a family member less than the law would.
Check a lawyer's license in your state before you hire
Check the license of an estate planning attorney in the state where you live. Wills, trusts and probate are state law.
Lawyers are licensed by a state agency in each state, and that agency can tell you whether a person has a law license and may practice there, the American Bar Association says. Its list names the agency in every state: in some it is the state bar, in others the state's highest court or one of its agencies. The table below gives each one, with a link where the site is a government or state-bar site this guide links to. ABA: Lawyer Licensing
| State | Where to check a lawyer's license | Run by |
|---|---|---|
| Alabama | Alabama State Bar member search (alabar.org) | A state bar |
| Alaska | Alaska Bar Association member directory (alaskabar.org) | A state bar |
| Arizona | State Bar of Arizona lawyer search (azbar.org) | A state bar |
| Arkansas | Arkansas Judiciary attorney search | A court or court agency |
| California | State Bar of California attorney search | A state bar |
| Colorado | Colorado Supreme Court attorney search (coloradosupremecourt.com) | A court or court agency |
| Connecticut | Connecticut Judicial Branch attorney and firm inquiry | A court or court agency |
| Delaware | Delaware public attorney search, at the address the ABA lists | Another official site |
| District of Columbia | D.C. Bar member directory (dcbar.org) | A state bar |
| Florida | The Florida Bar member search | A state bar |
| Georgia | State Bar of Georgia member search (gabar.org) | A state bar |
| Hawaii | Hawaii State Bar Association lawyer search (hsba.org) | A state bar |
| Idaho | Idaho State Bar attorney roster | A state bar |
| Illinois | Illinois Attorney Registration and Disciplinary Commission (iardc.org) | A court or court agency |
| Indiana | Indiana Roll of Attorneys | A court or court agency |
| Iowa | Iowa court commissions lawyer search (iacourtcommissions.org) | A court or court agency |
| Kansas | Kansas courts attorney registration directory (kscourts.org) | A court or court agency |
| Kentucky | Kentucky Bar Association member search (kybar.org) | A state bar |
| Louisiana | Louisiana Attorney Disciplinary Board search (ladb.org) | A court or court agency |
| Maine | Maine attorney directory | Another official site |
| Maryland | Maryland Courts attorney search | A court or court agency |
| Massachusetts | Massachusetts Board of Bar Overseers attorney lookup (massbbo.org) | A court or court agency |
| Michigan | State Bar of Michigan member directory (michbar.org) | A state bar |
| Minnesota | Minnesota Lawyer Registration Office public search | A court or court agency |
| Mississippi | The Mississippi Bar lawyer directory (msbar.org) | A state bar |
| Missouri | The Missouri Bar lawyer directory (mobar.org) | A state bar |
| Montana | State Bar of Montana member search (montanabar.org) | A state bar |
| Nebraska | Nebraska lawyer search | Another official site |
| Nevada | State Bar of Nevada lawyer search (nvbar.org) | A state bar |
| New Hampshire | Call the New Hampshire Bar Association at 603-224-6942 | By phone |
| New Jersey | New Jersey Courts attorney search (njcourts.gov) | A court or court agency |
| New Mexico | State Bar of New Mexico (sbnm.org) | A state bar |
| New York | New York State Unified Court System attorney search | A court or court agency |
| North Carolina | North Carolina State Bar license verification | A state bar |
| North Dakota | North Dakota Courts lawyer search | A court or court agency |
| Ohio | Supreme Court of Ohio attorney search | A court or court agency |
| Oklahoma | Oklahoma Bar Association member search (okbar.org) | A state bar |
| Oregon | Oregon State Bar member search (osbar.org) | A state bar |
| Pennsylvania | Disciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org) | A court or court agency |
| Rhode Island | Rhode Island Bar Association member directory (ribar.com) | A state bar |
| South Carolina | South Carolina Judicial Branch attorney search (sccourts.org) | A court or court agency |
| South Dakota | Call the State Bar of South Dakota at 605-224-7554 | By phone |
| Tennessee | Board of Professional Responsibility online attorney directory (tbpr.org) | A court or court agency |
| Texas | State Bar of Texas Find a Lawyer | A state bar |
| Utah | Utah State Bar member directory (utahbar.org) | A state bar |
| Vermont | Vermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org) | A court or court agency |
| Virginia | Virginia State Bar attorney search (vsb.org) | A state bar |
| Washington | Washington State Bar Association lawyer directory (wsba.org) | A state bar |
| West Virginia | West Virginia State Bar member search (wvbar.org) | A state bar |
| Wisconsin | State Bar of Wisconsin lawyer search (wisbar.org) | A state bar |
| Wyoming | Wyoming State Bar membership directory (wyomingbar.org) | A state bar |
- Search the exact name on the license, and check that the status is active and the person is allowed to practice now.
- Look for public discipline. Many of these searches show it, and the same agency handles complaints about lawyers.
- A lawyer from another state usually cannot handle a case in your state's courts unless the court lets them in for that case.
- A business name is not a license. Ask for the lawyer’s own name and check that person, not the firm.
State map · 51 of 51 with a value
Check a lawyer's license: who runs the official search in your state
- A state bar27
- A court or court agency19
- Another official site3
- By phone2
See the table 51 rows
| State | Who runs the search | The rule | Law |
|---|---|---|---|
| Alabama | A state bar | Alabama State Bar member search (alabar.org) | ABA: Lawyer Licensing |
| Alaska | A state bar | Alaska Bar Association member directory (alaskabar.org) | ABA: Lawyer Licensing |
| Arizona | A state bar | State Bar of Arizona lawyer search (azbar.org) | ABA: Lawyer Licensing |
| Arkansas | A court or court agency | Arkansas Judiciary attorney search (arkansas.gov) | ABA: Lawyer Licensing |
| California | A state bar | State Bar of California attorney search (calbar.ca.gov) | ABA: Lawyer Licensing |
| Colorado | A court or court agency | Colorado Supreme Court attorney search (coloradosupremecourt.com) | ABA: Lawyer Licensing |
| Connecticut | A court or court agency | Connecticut Judicial Branch attorney and firm inquiry (jud.ct.gov) | ABA: Lawyer Licensing |
| Delaware | Another official site | Delaware public attorney search, at the address the ABA lists | ABA: Lawyer Licensing |
| District of Columbia | A state bar | D.C. Bar member directory (dcbar.org) | ABA: Lawyer Licensing |
| Florida | A state bar | The Florida Bar member search (floridabar.org) | ABA: Lawyer Licensing |
| Georgia | A state bar | State Bar of Georgia member search (gabar.org) | ABA: Lawyer Licensing |
| Hawaii | A state bar | Hawaii State Bar Association lawyer search (hsba.org) | ABA: Lawyer Licensing |
| Idaho | A state bar | Idaho State Bar attorney roster (isb.idaho.gov) | ABA: Lawyer Licensing |
| Illinois | A court or court agency | Illinois Attorney Registration and Disciplinary Commission (iardc.org) | ABA: Lawyer Licensing |
| Indiana | A court or court agency | Indiana Roll of Attorneys (in.gov) | ABA: Lawyer Licensing |
| Iowa | A court or court agency | Iowa court commissions lawyer search (iacourtcommissions.org) | ABA: Lawyer Licensing |
| Kansas | A court or court agency | Kansas courts attorney registration directory (kscourts.org) | ABA: Lawyer Licensing |
| Kentucky | A state bar | Kentucky Bar Association member search (kybar.org) | ABA: Lawyer Licensing |
| Louisiana | A court or court agency | Louisiana Attorney Disciplinary Board search (ladb.org) | ABA: Lawyer Licensing |
| Maine | Another official site | Maine attorney directory (maine.gov) | ABA: Lawyer Licensing |
| Maryland | A court or court agency | Maryland Courts attorney search (mdcourts.gov) | ABA: Lawyer Licensing |
| Massachusetts | A court or court agency | Massachusetts Board of Bar Overseers attorney lookup (massbbo.org) | ABA: Lawyer Licensing |
| Michigan | A state bar | State Bar of Michigan member directory (michbar.org) | ABA: Lawyer Licensing |
| Minnesota | A court or court agency | Minnesota Lawyer Registration Office public search (lro.mn.gov) | ABA: Lawyer Licensing |
| Mississippi | A state bar | The Mississippi Bar lawyer directory (msbar.org) | ABA: Lawyer Licensing |
| Missouri | A state bar | The Missouri Bar lawyer directory (mobar.org) | ABA: Lawyer Licensing |
| Montana | A state bar | State Bar of Montana member search (montanabar.org) | ABA: Lawyer Licensing |
| Nebraska | Another official site | Nebraska lawyer search (ne.gov) | ABA: Lawyer Licensing |
| Nevada | A state bar | State Bar of Nevada lawyer search (nvbar.org) | ABA: Lawyer Licensing |
| New Hampshire | By phone | Call the New Hampshire Bar Association at 603-224-6942 | ABA: Lawyer Licensing |
| New Jersey | A court or court agency | New Jersey Courts attorney search (njcourts.gov) | ABA: Lawyer Licensing |
| New Mexico | A state bar | State Bar of New Mexico (sbnm.org) | ABA: Lawyer Licensing |
| New York | A court or court agency | New York State Unified Court System attorney search (courts.state.ny.us) | ABA: Lawyer Licensing |
| North Carolina | A state bar | North Carolina State Bar license verification (ncbar.gov) | ABA: Lawyer Licensing |
| North Dakota | A court or court agency | North Dakota Courts lawyer search (ndcourts.gov) | ABA: Lawyer Licensing |
| Ohio | A court or court agency | Supreme Court of Ohio attorney search (supremecourt.ohio.gov) | ABA: Lawyer Licensing |
| Oklahoma | A state bar | Oklahoma Bar Association member search (okbar.org) | ABA: Lawyer Licensing |
| Oregon | A state bar | Oregon State Bar member search (osbar.org) | ABA: Lawyer Licensing |
| Pennsylvania | A court or court agency | Disciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org) | ABA: Lawyer Licensing |
| Rhode Island | A state bar | Rhode Island Bar Association member directory (ribar.com) | ABA: Lawyer Licensing |
| South Carolina | A court or court agency | South Carolina Judicial Branch attorney search (sccourts.org) | ABA: Lawyer Licensing |
| South Dakota | By phone | Call the State Bar of South Dakota at 605-224-7554 | ABA: Lawyer Licensing |
| Tennessee | A court or court agency | Board of Professional Responsibility online attorney directory (tbpr.org) | ABA: Lawyer Licensing |
| Texas | A state bar | State Bar of Texas Find a Lawyer (texasbar.com) | ABA: Lawyer Licensing |
| Utah | A state bar | Utah State Bar member directory (utahbar.org) | ABA: Lawyer Licensing |
| Vermont | A court or court agency | Vermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org) | ABA: Lawyer Licensing |
| Virginia | A state bar | Virginia State Bar attorney search (vsb.org) | ABA: Lawyer Licensing |
| Washington | A state bar | Washington State Bar Association lawyer directory (wsba.org) | ABA: Lawyer Licensing |
| West Virginia | A state bar | West Virginia State Bar member search (wvbar.org) | ABA: Lawyer Licensing |
| Wisconsin | A state bar | State Bar of Wisconsin lawyer search (wisbar.org) | ABA: Lawyer Licensing |
| Wyoming | A state bar | Wyoming State Bar membership directory (wyomingbar.org) | ABA: Lawyer Licensing |
Each state's value is the one its row of this page's table states, with the law it cites. Nothing you tap is saved or sent. Not legal advice.
Your first meeting with an estate planning attorney: what to bring and ask
Bring a list of what you own and how it is titled, and ask:
- “Is your license active in this state?”
- “Do I need a trust, or will a will, a transfer on death deed and beneficiary forms do?”
- “Which of my property would go through probate, and what would that cost here?”
- “Is your fee flat or hourly, and what exactly does it include?”
- “Will you help fund the trust, or only draft it?”
- “When should I review the plan: after a marriage, a divorce, a birth or a move?”
Checklist
Ready for the first meeting with an estate planning attorney?
Tick each point as you get it ready.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Common questions about estate planning attorneys
Do I need an estate planning attorney?
Not always: some states publish statutory forms, such as California's statutory will and the Texas statutory durable power of attorney. A lawyer helps most with children under 18, a blended family, a business, real estate in more than one state, or an estate near a state estate tax line.
What documents do you need for estate planning?
Most plans have a will, a durable power of attorney for money, and an advance directive for health care. Many add a revocable living trust, a transfer on death deed where the state allows it, and up-to-date beneficiary forms.
Is a will or a trust better?
They do different jobs. A will names who inherits and an executor, but doesn't avoid probate. A living trust avoids probate for what you put into it; assets left in your name alone usually still go through probate.
How much does an estate planning attorney cost?
No state publishes a price. Ask whether the fee is flat or hourly and what it includes, and get it in writing. Bar referral services publish first-consultation prices: up to $20 for 30 minutes in Texas, up to $25 for 30 minutes in Florida.
What is the biggest mistake with wills?
Thinking a will avoids probate (it doesn't), and not updating beneficiary forms after a divorce: federal law controls many employer plans, such as 401(k)s, which pay the listed beneficiary even after a divorce.
What should you not put in a will?
Property that passes outside it: accounts and policies with a named beneficiary, property held jointly with survivorship, and property in a living trust. Change those with the beneficiary form, the deed or the trust.
What is the 5 by 5 rule in estate planning?
It comes from the federal estate tax: the lapse of a power to withdraw trust property counts as a release only to the extent the property exceeds the greater of $5,000 or 5 percent of the assets. Ask a lawyer how it applies to your trust.
How often should I review my estate plan?
After any big change: a marriage, a divorce, a birth or a move to another state. A divorce cancels gifts to a former spouse in a will in many states unless the will says otherwise, but not every beneficiary form.
Will my heirs pay estate tax?
Probably not federal tax: it applies only above $15,000,000 for 2026 deaths. Twelve states and DC tax large estates, and five states tax what heirs receive. See the table on this page.
How do I check an estate planning attorney's license?
Use the official search of the state where you live. The American Bar Association lists the agency in every state; the table on this page has each one.
Official sources
- California Courts: California Statutory Will form, Probate Code § 6240 (PDF) courts.ca.gov
- California Probate Code § 6111: holographic wills leginfo.legislature.ca.gov
- California Probate Code § 6122: effect of divorce or annulment on a will leginfo.legislature.ca.gov
- California Probate Code § 6240: the California Statutory Will form, with questions and answers leginfo.legislature.ca.gov
- State Bar of Texas, Texas Bar Journal client page: How to write a valid holographic will texasbar.com
- Texas Estates Code, Chapter 123: will provisions made before a divorce (§ 123.001) legis.texas.gov
- Florida Statutes § 732.502 (2026): execution of wills flsenate.gov
- New York Estates, Powers and Trusts Law § 5-1.4: revocation by divorce or annulment nysenate.gov
- California Probate Code § 84: "trustee" includes a successor trustee leginfo.legislature.ca.gov
- California Probate Code § 6300: gifts by will to the trustee of a trust leginfo.legislature.ca.gov
- Texas State Law Library: Nonprobate Property (living trusts, divorce) sll.texas.gov
- State Bar of Texas and Texas Young Lawyers Association: Living Trust Scams and the Senior Consumer (PDF, 2020) texasbar.com
- Texas State Law Library: Powers of Attorney, general information (definition, general and limited powers) sll.texas.gov
- Texas State Law Library: Durable Power of Attorney (what it does, when it ends, forms) sll.texas.gov
- California Probate Code § 4022: power of attorney, durable or nondurable leginfo.legislature.ca.gov
- California Attorney General: the statutory Advance Health Care Directive form, Probate Code § 4701 in the version the Attorney General publishes (amended effective January 1, 2019) (agent 1.1-1.4, instructions 2.1-2.3, organ donation 3.1, effect of copy, statement of witnesses 5.3-5.4, skilled nursing ombudsman witness under § 4675, notary acknowledgment) (PDF) oag.ca.gov
- California Attorney General: Advance care planning (no required form, Probate Code § 4701; who gets copies) oag.ca.gov
- California Courts Self-Help Guide: Wills, estates, and advance care planning (the directive; sign before a notary or 2 witnesses; notary about $15) courts.ca.gov
- California Secretary of State: Advance Health Care Directive Registry (Probate Code § 4800) sos.ca.gov
- Texas Health and Safety Code, Chapter 166: Advance Directives (§§ 166.002(10), 166.003, 166.031, 166.032, 166.033, 166.035, 166.036, 166.037, 166.040, 166.042, 166.081, 166.082) tcss.legis.texas.gov
- Texas Health and Human Services: Advance directives forms (living will, medical power of attorney, out-of-hospital DNR; notary option) hhs.texas.gov
- Texas Health and Human Services: Directive to Physicians and Family or Surrogates (living will) form, English and Spanish, effective May 2024 hhs.texas.gov
- Texas Health and Human Services: Out-of-Hospital Do-Not-Resuscitate (OOH-DNR) Order form (effective October 2023) and instructions (updated May 2026) hhs.texas.gov
- Florida Statutes § 765.101 (2026): definitions (advance directive, end-stage condition, life-prolonging procedure § 765.101(12), living will § 765.101(13), persistent vegetative state, terminal condition) flsenate.gov
- Florida Statutes § 765.302 (2026): procedure for making a living will; 2 subscribing witnesses; notice to the physician; presumption of clear and convincing evidence flsenate.gov
- Florida Statutes § 765.202 (2026): designation of a health care surrogate (the surrogate may not witness, § 765.202(2)) flsenate.gov
- Florida Statutes § 765.303 (2026): suggested form of a living will flsenate.gov
- Florida Statutes § 765.304 (2026): procedure for a living will (§ 765.304(1) when the physician may proceed and the 7-day review period; § 765.304(2) what must be determined first) flsenate.gov
- Florida Statutes § 765.306 (2026): determination of patient condition (the primary physician and at least one other consulting physician separately examine the patient) flsenate.gov
- Florida Statutes § 765.104 (2026): amendment or revocation of an advance directive; effect of divorce flsenate.gov
- Florida Statutes § 765.110 (2026): health care facilities and providers must give written information and may not require an advance directive flsenate.gov
- Florida Statutes § 765.112 (2026): recognition of an advance directive executed in another state flsenate.gov
- Florida Statutes § 401.45 (2026): do-not-resuscitate orders on the Department of Health form, § 401.45(3)(a) flsenate.gov
- New York Public Health Law § 2980(1): an adult is a person 18 or older, or a parent, or married nysenate.gov
- New York Public Health Law § 2981: appointing a health care agent (competent adult § 2981(1); 2 adult witnesses and the agent may not witness § 2981(2); wishes and limits § 2981(5)(b); organ donation § 2981(5)(f)) nysenate.gov
- New York Public Health Law § 2982: rights and duties of the agent (your wishes, religious and moral beliefs; artificial nutrition and hydration only if your wishes are known) nysenate.gov
- New York Public Health Law § 2983: determination of lack of capacity (attending practitioner, in writing; a second clinician for life-sustaining treatment) nysenate.gov
- New York Public Health Law § 2985: revocation of a health care proxy; written wishes do not revoke it § 2985(1)(d); effect of divorce § 2985(1)(e) nysenate.gov
- New York Public Health Law § 2994-dd: nonhospital orders not to resuscitate (standard form prescribed by the commissioner; alternative forms may also carry a do-not-intubate order) nysenate.gov
- New York State Bar Association, LEGALease: Living wills and health care proxies (no living will statute; clear and convincing proof; 2 witnesses, no notary in New York; out-of-state documents; DNR orders; wallet card) nysba.org
- 42 U.S.C. § 1395cc(f): the Patient Self-Determination Act duties of hospitals, nursing facilities, home health agencies and hospices; definition of advance directive govinfo.gov
- MedlinePlus (National Library of Medicine): Advance directives (living will, health care proxy, the decisions a living will covers) medlineplus.gov
- National Cancer Institute: Advance directives (DNR orders, state laws differ, copies, changing your mind) cancer.gov
- Washington State Department of Health: Portable Orders for Life Sustaining Treatment (POLST), a portable physician order form doh.wa.gov
- Alabama Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. alison.legislature.state.al.us
- Alaska State Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. akleg.gov
- Ariz. Rev. Stat. § 33-405, beneficiary deeds; recording; with the statutory deed and revocation forms (current text) azleg.gov
- Arkansas State Legislature: official website (home page). The state statute on transfer on death deeds could not be read from an official text for this page. arkleg.state.ar.us
- Cal. Prob. Code § 5642, the statutory revocable TOD deed form and its "common questions" (as amended by AB 288, effective Jan 1, 2024) leginfo.legislature.ca.gov
- Cal. Prob. Code § 5600, scope and sunset of the revocable TOD deed law (January 1, 2032) leginfo.legislature.ca.gov
- California Courts Self-Help Guide: Guide to property after someone dies (what probate is, who handles it, legal terms) courts.ca.gov
- California Courts Self-Help Guide: Check if you can use a simple process to transfer property (small estate limits) courts.ca.gov
- California Courts Self-Help Guide: If you need formal probate (steps, time, fees and costs) courts.ca.gov
- Judicial Council of California, form DE-300: Maximum values for small estate set-aside and disposition without administration (PDF) courts.ca.gov
- California Probate Code § 10800: personal representative's compensation leginfo.legislature.ca.gov
- California Probate Code § 10810: compensation of the personal representative's attorney leginfo.legislature.ca.gov
- California Probate Code § 13100: collecting property without probate (small estate) leginfo.legislature.ca.gov
- Texas State Law Library: Probate Law, general information (what probate is, do I need an attorney, terms) sll.texas.gov
- Texas State Law Library: Before Probate (bank accounts, Medicaid claims) sll.texas.gov
- Texas State Law Library: Probating a Will (time limit, public record, property not in the will) sll.texas.gov
- Texas State Law Library: When There Is No Will sll.texas.gov
- Texas State Law Library: Estate Executors (duties, who can serve, pay) sll.texas.gov
- Texas State Law Library: Informal Methods (small estate affidavit, muniment of title) sll.texas.gov
- Texas Estates Code, Chapter 205: small estate affidavit (§ 205.001) legis.texas.gov
- Texas Estates Code, Chapter 352: compensation of personal representatives (§ 352.002) legis.texas.gov
- Florida Statutes § 732.102 (2026): spouse's share of an intestate estate flsenate.gov
- Florida Statutes § 733.617 (2026): compensation of the personal representative flsenate.gov
- Florida Statutes § 733.6171 (2026): compensation of the personal representative's attorney flsenate.gov
- Florida Statutes § 735.201 (2026): summary administration flsenate.gov
- New York Surrogate's Court Procedure Act § 1301: small estate definition nysenate.gov
- New York Surrogate's Court Procedure Act § 2307: commissions of fiduciaries nysenate.gov
- California Courts Self-Help Guide: Inventory and value the property (joint tenancy, right of survivorship) courts.ca.gov
- Code of Alabama § 43-8-41: share of the spouse (Acts 1982, No. 82-399; read October 22, 2026) alison.legislature.state.al.us
- Code of Alabama § 43-8-42: share of heirs other than the spouse (read October 22, 2026) alison.legislature.state.al.us
- Code of Alabama § 43-8-43: heir must survive by five days (read October 22, 2026) alison.legislature.state.al.us
- Code of Alabama § 43-8-44: estate passes to the state when there is no taker (read October 22, 2026) alison.legislature.state.al.us
- IRS: Estate tax (filing threshold by year of death; spouse deduction; portability) irs.gov
- IRS: Instructions for Form 706 (Rev. 07/2026): $15,000,000 basic exclusion, Table A rate schedule, 9-month deadline irs.gov
- IRS: What's new, estate and gift tax (P.L. 119-21; annual exclusion) irs.gov
- IRS: Frequently asked questions on gift taxes irs.gov
- IRS Publication 525: gifts and inheritances; inherited pension or IRA irs.gov
- IRS FAQ: Gifts and inheritances (basis of inherited property) irs.gov
- Pennsylvania Department of Revenue: Inheritance tax (rates, discount, due date) pa.gov
- New Jersey Division of Taxation: Inheritance and estate tax rates nj.gov
- New Jersey Division of Taxation: Inheritance tax beneficiary classes nj.gov
- New Jersey Division of Taxation: Inheritance and estate tax (estate tax ended January 1, 2018) nj.gov
- Kentucky Department of Revenue: Inheritance and estate tax revenue.ky.gov
- Kentucky Department of Revenue: A Guide to Kentucky Inheritance and Estate Taxes (92F101), rate chart revenue.ky.gov
- Md. Code, Tax-General § 7-203: inheritance tax exemptions mgaleg.maryland.gov
- Md. Code, Tax-General § 7-204: inheritance tax rate mgaleg.maryland.gov
- Md. Code, Tax-General § 7-309: estate tax exclusion amount and computation mgaleg.maryland.gov
- Iowa Department of Revenue: Introduction to Iowa inheritance tax (repealed for deaths on or after January 1, 2025) revenue.iowa.gov
- Nebraska Department of Revenue: Inheritance tax reports (county inheritance tax) revenue.nebraska.gov
- Conn. Gen. Stat. § 12-391: estate tax rate and $15 million cap cga.ct.gov
- D.C. Code § 47-3702: estate tax rates code.dccouncil.gov
- D.C. Office of Tax and Revenue: Estate tax filing thresholds and due date otr.cfo.dc.gov
- Hawaii Department of Taxation: Instructions for Form M-6 (Rev. 2025), exclusion and tax rate schedule files.hawaii.gov
- Illinois Attorney General: Estate taxes illinoisattorneygeneral.gov
- Illinois Attorney General: Estate tax fact sheet ($4,000,000 exclusion; examples) illinoisattorneygeneral.gov
- Maine Revenue Services: Estate tax (706ME), 2026 exclusion and rates maine.gov
- Minn. Stat. § 291.03: estate tax rates revisor.mn.gov
- Minn. Stat. § 291.016: Minnesota taxable estate and exclusion amount revisor.mn.gov
- New York State Department of Taxation and Finance: Estate tax (2026 basic exclusion amount) tax.ny.gov
- N.Y. Tax Law § 952: rate table and the 105% rule nysenate.gov
- Oregon Department of Revenue: Estate transfer tax (filing threshold, due date) oregon.gov
- Oregon Department of Revenue: Form OR-706 instructions (2025), Part 6 tax table oregon.gov
- Vermont Department of Taxes: Estate tax (2026 filing threshold change) tax.vermont.gov
- 32 V.S.A. § 7442a: Vermont estate tax rate legislature.vermont.gov
- Washington Department of Revenue: Estate tax (2026 exclusion amounts) dor.wa.gov
- Washington Department of Revenue: Estate tax tables (Table W by date of death) dor.wa.gov
- Mass. Gen. Laws c. 65C, § 2A: the $2,000,000 line and the $99,600 credit (Trial Court Law Libraries copy) Massachusetts Trial Court Law Libraries (mass.gov)
- Massachusetts estate tax guide: Table B, filing and the 9-month due date (updated April 23, 2026) Massachusetts Department of Revenue
- Advisory ADV 2025-27: estate tax credit $87,940 and threshold $1,838,056 for deaths in 2026 (December 30, 2025) Rhode Island Division of Taxation
- Form RI-706: computation, $60,000 exclusion, tax computation schedule and credit chart Rhode Island Division of Taxation
- Rhode Island estate tax: filing and the 9-month due date Rhode Island Division of Taxation
- 280-RICR-20-35-1: Rhode Island estate tax regulation Rhode Island Department of State
- Unicameral Update: "Inheritance tax cut approved" (LB310, February 11, 2022) Nebraska Legislature
- Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
- Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
- Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
- Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
- Form PCIT: county inheritance tax report, classes of relatives Nebraska Department of Revenue
- Form ECIT: estate county inheritance tax report Nebraska Department of Revenue
- Notice of Oct. 1, 2025 Tax Changes: exclusion $4,988,400 for deaths in 2026 D.C. Office of Tax and Revenue
- 2026 Form D-76 instructions: estate tax computation worksheet for deaths on or after January 1, 2026 D.C. Office of Tax and Revenue
- 26 U.S.C. § 2041(b)(2): lapse of a power of appointment, the greater of $5,000 or 5 percent govinfo.gov
- ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
- ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
- State Bar of Texas: Lawyer Referral & Information Service texasbar.com
- The Florida Bar: Lawyer Referral Service floridabar.org
- New York State Bar Association: Lawyer Referral Service nysba.org
- State Bar of California: certified lawyer referral services calbar.ca.gov
- American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
- Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
- California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
- Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
- Florida: The Florida Bar member search, as the ABA lists it floridabar.org
- Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
- Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
- Maine: Maine attorney directory, as the ABA lists it maine.gov
- Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
- Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
- Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
- New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
- North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
- North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
- Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
- Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.