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

STATEState law: each state sets its own will, trust, probate and estate tax rules; the federal estate tax is federal.Checked by the Justice legal team against official sources · Last reviewed 6 free tools on this page
Cyanotype print: a sealed envelope with a wax seal, a fountain pen, a small key and a tiny house model on a closed leather folioAI-generated image

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:

DocumentWhat it doesSkips probate?Read more
WillSays 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 trustHolds 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 attorneyLets 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 documentPower of attorney
Advance directive or health care proxyStates 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 documentLiving will and advance directive
Transfer on death deedNames 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 itTransfer on death deed
Beneficiary forms and joint ownershipAccounts and policies with a named beneficiary, and property held jointly with survivorship, pass to the survivor.Usually yesWhat is probate?
Watch out. Update the forms after a divorce. A divorce cancels gifts to a former spouse in a will in California, Texas, Florida and New York unless the will says otherwise, and Texas law often cancels a beneficiary designation naming an ex-spouse. But federal law (ERISA) controls many employer plans, such as 401(k)s, which pay the listed beneficiary even after a divorce.

Quick guide

Which estate planning documents do you need?

1. What do you want to plan for first?

Pick what you want to plan for first.

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.

StateSmall-estate shortcutPersonal representative's pay
CaliforniaSmall estate affidavit up to $208,850 (deaths on or after April 1, 2025), once 40 days have passed. Prob. Code §§ 13100, 13101 · form DE-300Set 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
TexasSmall estate affidavit up to $75,000, not counting homestead and exempt property, when there is no will; 30 days after the death. Est. Code § 205.001A 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
FloridaSummary administration up to $150,000 (from July 1, 2026), or any amount if the person died more than 2 years ago. Fla. Stat. § 735.201Presumed 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 YorkVoluntary administration for personal property up to $50,000. SCPA § 1301Commissions: 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?

Pick what is true for you.

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

StateEstate tax: exemptionEstate tax ratesInheritance taxEffectiveCitationSource
AlabamaNo—No———
AlaskaNo—No———
ArizonaNo—No———
ArkansasNo—No———
CaliforniaNo—No———
ColoradoNo—No———
ConnecticutYes: $15,000,000 (equal to the federal basic exclusion amount)12% of the excess; tax capped at $15 million; gifts taxed tooNo12% rate since January 1, 2023; 2026 amount set by the IRSConn. Gen. Stat. § 12-391Connecticut General Assembly
DelawareNo—No———
District of ColumbiaYes: $4,988,400 for deaths in 202611.2% to 16% above the exclusionNo (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, 47-3702D.C. Office of Tax and Revenue
FloridaNo—No———
GeorgiaNo—No———
HawaiiYes: $5,490,00010% to 20%NoExclusion since January 1, 2018; rates as of January 1, 2020Form M-6 instructions (Rev. 2025)Hawaii Department of Taxation
IdahoNo—No———
IllinoisYes: $4,000,000 (a threshold, not a credit)Interrelated calculation: $285,714 on a $5,000,000 estateNoFact sheet for deaths in 2023 and laterIllinois Estate and Generation-Skipping Transfer Tax ActIllinois Attorney General
IndianaNo—No———
IowaNo—No: repealed for deaths on or after January 1, 2025January 1, 2025Iowa Department of RevenueIowa Department of Revenue
KansasNo—No———
KentuckyNo—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, 1998Ky. Rev. Stat. ch. 140 (Guide 92F101)Kentucky Department of Revenue
LouisianaNo—No———
MaineYes: $7,160,0008%, 10%, 12%NoDeaths in 2026 ($7,000,000 in 2025)Form 706MEMaine Revenue Services
MarylandYes: $5,000,000Up to 16% of the excessYes: 10%; spouse, children and their descendants, parents, grandparents, siblings, stepchildren, stepparents and a child's spouse exempt; $1,000 or less to one person exemptExclusion since January 1, 2019Md. Code, Tax-Gen. §§ 7-203, 7-204, 7-309Maryland General Assembly
MassachusettsYes: $2,000,000; above it the whole estate is taxed, less a $99,600 credit0.8% to 16% (the old federal credit table)NoDeaths on or after January 1, 2023 (St. 2023, c. 50)Mass. Gen. Laws c. 65C, § 2AMassachusetts Department of Revenue: estate tax guide
MichiganNo—No———
MinnesotaYes: $3,000,00013% to 16%NoExclusion since 2020; rates since 2018Minn. Stat. §§ 291.016, 291.03Minnesota Revisor of Statutes
MississippiNo—No———
MissouriNo—No———
MontanaNo—No———
NebraskaNo—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 exemptDeaths on or after January 1, 2023 (LB310)Neb. Rev. Stat. §§ 77-2004 to 77-2006Nebraska Legislature (Unicameral Update); Nebraska Department of Revenue forms
NevadaNo—No———
New HampshireNo—No———
New JerseyNo (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, 2018N.J. Division of Taxation: inheritance tax rates and beneficiary classesN.J. Division of Taxation
New MexicoNo—No———
New YorkYes: $7,350,000; whole estate taxed above 105% ($7,717,500)3.06% to 16%NoJanuary 1, 2026 ($7,160,000 in 2025)N.Y. Tax Law § 952NY Department of Taxation and Finance
North CarolinaNo—No———
North DakotaNo—No———
OhioNo—No———
OklahomaNo—No———
OregonYes: $1,000,00010% to 16%NoReturn due 12 months after death for deaths on or after January 1, 2022Form OR-706 instructions (2025), Part 6Oregon Department of Revenue
PennsylvaniaNo—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, 2026Pennsylvania Department of Revenue: inheritance tax ratesPennsylvania Department of Revenue
Rhode IslandYes: $1,838,056 for deaths in 2026; above it the estate is taxed, less an $87,940 credit0.8% to 16% (the old federal credit table), times the Rhode Island shareNoDeaths on or after January 1, 2026 (Advisory ADV 2025-27, December 30, 2025)R.I. Gen. Laws § 44-22-1.1Rhode Island Division of Taxation
South CarolinaNo—No———
South DakotaNo—No———
TennesseeNo—No———
TexasNo—No———
UtahNo—No———
VermontYes: $5,000,00016%No$5,000,000 since 2021; filing threshold matched June 18, 202632 V.S.A. § 7442aVermont Department of Taxes
VirginiaNo—No———
WashingtonYes: $3,000,000 (deaths on or after July 1, 2026)10% to 20%NoJuly 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 VirginiaNo—No———
WisconsinNo—No———
WyomingNo—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

Estate tax exemption

Tap a state to see its exemption, its rule and the law.

See the table 51 rows
StateEstate tax exemptionInheritance taxLaw
AlabamaNo estate taxNo inheritance tax
AlaskaNo estate taxNo inheritance tax
ArizonaNo estate taxNo inheritance tax
ArkansasNo estate taxNo inheritance tax
CaliforniaNo estate taxNo inheritance tax
ColoradoNo estate taxNo inheritance tax
Connecticut$15,000,000No inheritance taxConn. Gen. Stat. § 12-391
DelawareNo estate taxNo inheritance tax
District of Columbia$4,988,400No inheritance taxD.C. Code §§ 47-3701, 47-3702
FloridaNo estate taxNo inheritance tax
GeorgiaNo estate taxNo inheritance tax
Hawaii$5,490,000No inheritance taxForm M-6 instructions (Rev. 2025)
IdahoNo estate taxNo inheritance tax
Illinois$4,000,000No inheritance taxIllinois Estate and Generation-Skipping Transfer Tax Act
IndianaNo estate taxNo inheritance tax
IowaNo estate taxNo inheritance taxIowa Department of Revenue
KansasNo estate taxNo inheritance tax
KentuckyNo estate taxInheritance taxKy. Rev. Stat. ch. 140 (Guide 92F101)
LouisianaNo estate taxNo inheritance tax
Maine$7,160,000No inheritance taxForm 706ME
Maryland$5,000,000Inheritance taxMd. Code, Tax-Gen. §§ 7-203, 7-204, 7-309
Massachusetts$2,000,000No inheritance taxMass. Gen. Laws c. 65C, § 2A
MichiganNo estate taxNo inheritance tax
Minnesota$3,000,000No inheritance taxMinn. Stat. §§ 291.016, 291.03
MississippiNo estate taxNo inheritance tax
MissouriNo estate taxNo inheritance tax
MontanaNo estate taxNo inheritance tax
NebraskaNo estate taxInheritance taxNeb. Rev. Stat. §§ 77-2004 to 77-2006
NevadaNo estate taxNo inheritance tax
New HampshireNo estate taxNo inheritance tax
New JerseyNo estate taxInheritance taxN.J. Division of Taxation: inheritance tax rates and beneficiary classes
New MexicoNo estate taxNo inheritance tax
New York$7,350,000No inheritance taxN.Y. Tax Law § 952
North CarolinaNo estate taxNo inheritance tax
North DakotaNo estate taxNo inheritance tax
OhioNo estate taxNo inheritance tax
OklahomaNo estate taxNo inheritance tax
Oregon$1,000,000No inheritance taxForm OR-706 instructions (2025), Part 6
PennsylvaniaNo estate taxInheritance taxPennsylvania Department of Revenue: inheritance tax rates
Rhode Island$1,838,056No inheritance taxR.I. Gen. Laws § 44-22-1.1
South CarolinaNo estate taxNo inheritance tax
South DakotaNo estate taxNo inheritance tax
TennesseeNo estate taxNo inheritance tax
TexasNo estate taxNo inheritance tax
UtahNo estate taxNo inheritance tax
Vermont$5,000,000No inheritance tax32 V.S.A. § 7442a
VirginiaNo estate taxNo inheritance tax
Washington$3,000,000No inheritance taxWashington DOR: estate tax tables (Table W)
West VirginiaNo estate taxNo inheritance tax
WisconsinNo estate taxNo inheritance tax
WyomingNo estate taxNo 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

StateWhere to check a lawyer's licenseRun by
AlabamaAlabama State Bar member search (alabar.org)A state bar
AlaskaAlaska Bar Association member directory (alaskabar.org)A state bar
ArizonaState Bar of Arizona lawyer search (azbar.org)A state bar
ArkansasArkansas Judiciary attorney searchA court or court agency
CaliforniaState Bar of California attorney searchA state bar
ColoradoColorado Supreme Court attorney search (coloradosupremecourt.com)A court or court agency
ConnecticutConnecticut Judicial Branch attorney and firm inquiryA court or court agency
DelawareDelaware public attorney search, at the address the ABA listsAnother official site
District of ColumbiaD.C. Bar member directory (dcbar.org)A state bar
FloridaThe Florida Bar member searchA state bar
GeorgiaState Bar of Georgia member search (gabar.org)A state bar
HawaiiHawaii State Bar Association lawyer search (hsba.org)A state bar
IdahoIdaho State Bar attorney rosterA state bar
IllinoisIllinois Attorney Registration and Disciplinary Commission (iardc.org)A court or court agency
IndianaIndiana Roll of AttorneysA court or court agency
IowaIowa court commissions lawyer search (iacourtcommissions.org)A court or court agency
KansasKansas courts attorney registration directory (kscourts.org)A court or court agency
KentuckyKentucky Bar Association member search (kybar.org)A state bar
LouisianaLouisiana Attorney Disciplinary Board search (ladb.org)A court or court agency
MaineMaine attorney directoryAnother official site
MarylandMaryland Courts attorney searchA court or court agency
MassachusettsMassachusetts Board of Bar Overseers attorney lookup (massbbo.org)A court or court agency
MichiganState Bar of Michigan member directory (michbar.org)A state bar
MinnesotaMinnesota Lawyer Registration Office public searchA court or court agency
MississippiThe Mississippi Bar lawyer directory (msbar.org)A state bar
MissouriThe Missouri Bar lawyer directory (mobar.org)A state bar
MontanaState Bar of Montana member search (montanabar.org)A state bar
NebraskaNebraska lawyer searchAnother official site
NevadaState Bar of Nevada lawyer search (nvbar.org)A state bar
New HampshireCall the New Hampshire Bar Association at 603-224-6942By phone
New JerseyNew Jersey Courts attorney search (njcourts.gov)A court or court agency
New MexicoState Bar of New Mexico (sbnm.org)A state bar
New YorkNew York State Unified Court System attorney searchA court or court agency
North CarolinaNorth Carolina State Bar license verificationA state bar
North DakotaNorth Dakota Courts lawyer searchA court or court agency
OhioSupreme Court of Ohio attorney searchA court or court agency
OklahomaOklahoma Bar Association member search (okbar.org)A state bar
OregonOregon State Bar member search (osbar.org)A state bar
PennsylvaniaDisciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org)A court or court agency
Rhode IslandRhode Island Bar Association member directory (ribar.com)A state bar
South CarolinaSouth Carolina Judicial Branch attorney search (sccourts.org)A court or court agency
South DakotaCall the State Bar of South Dakota at 605-224-7554By phone
TennesseeBoard of Professional Responsibility online attorney directory (tbpr.org)A court or court agency
TexasState Bar of Texas Find a LawyerA state bar
UtahUtah State Bar member directory (utahbar.org)A state bar
VermontVermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org)A court or court agency
VirginiaVirginia State Bar attorney search (vsb.org)A state bar
WashingtonWashington State Bar Association lawyer directory (wsba.org)A state bar
West VirginiaWest Virginia State Bar member search (wvbar.org)A state bar
WisconsinState Bar of Wisconsin lawyer search (wisbar.org)A state bar
WyomingWyoming 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

Who runs the search

Tap your state to see where to check a lawyer's license.

See the table 51 rows
StateWho runs the searchThe ruleLaw
AlabamaA state barAlabama State Bar member search (alabar.org)ABA: Lawyer Licensing
AlaskaA state barAlaska Bar Association member directory (alaskabar.org)ABA: Lawyer Licensing
ArizonaA state barState Bar of Arizona lawyer search (azbar.org)ABA: Lawyer Licensing
ArkansasA court or court agencyArkansas Judiciary attorney search (arkansas.gov)ABA: Lawyer Licensing
CaliforniaA state barState Bar of California attorney search (calbar.ca.gov)ABA: Lawyer Licensing
ColoradoA court or court agencyColorado Supreme Court attorney search (coloradosupremecourt.com)ABA: Lawyer Licensing
ConnecticutA court or court agencyConnecticut Judicial Branch attorney and firm inquiry (jud.ct.gov)ABA: Lawyer Licensing
DelawareAnother official siteDelaware public attorney search, at the address the ABA listsABA: Lawyer Licensing
District of ColumbiaA state barD.C. Bar member directory (dcbar.org)ABA: Lawyer Licensing
FloridaA state barThe Florida Bar member search (floridabar.org)ABA: Lawyer Licensing
GeorgiaA state barState Bar of Georgia member search (gabar.org)ABA: Lawyer Licensing
HawaiiA state barHawaii State Bar Association lawyer search (hsba.org)ABA: Lawyer Licensing
IdahoA state barIdaho State Bar attorney roster (isb.idaho.gov)ABA: Lawyer Licensing
IllinoisA court or court agencyIllinois Attorney Registration and Disciplinary Commission (iardc.org)ABA: Lawyer Licensing
IndianaA court or court agencyIndiana Roll of Attorneys (in.gov)ABA: Lawyer Licensing
IowaA court or court agencyIowa court commissions lawyer search (iacourtcommissions.org)ABA: Lawyer Licensing
KansasA court or court agencyKansas courts attorney registration directory (kscourts.org)ABA: Lawyer Licensing
KentuckyA state barKentucky Bar Association member search (kybar.org)ABA: Lawyer Licensing
LouisianaA court or court agencyLouisiana Attorney Disciplinary Board search (ladb.org)ABA: Lawyer Licensing
MaineAnother official siteMaine attorney directory (maine.gov)ABA: Lawyer Licensing
MarylandA court or court agencyMaryland Courts attorney search (mdcourts.gov)ABA: Lawyer Licensing
MassachusettsA court or court agencyMassachusetts Board of Bar Overseers attorney lookup (massbbo.org)ABA: Lawyer Licensing
MichiganA state barState Bar of Michigan member directory (michbar.org)ABA: Lawyer Licensing
MinnesotaA court or court agencyMinnesota Lawyer Registration Office public search (lro.mn.gov)ABA: Lawyer Licensing
MississippiA state barThe Mississippi Bar lawyer directory (msbar.org)ABA: Lawyer Licensing
MissouriA state barThe Missouri Bar lawyer directory (mobar.org)ABA: Lawyer Licensing
MontanaA state barState Bar of Montana member search (montanabar.org)ABA: Lawyer Licensing
NebraskaAnother official siteNebraska lawyer search (ne.gov)ABA: Lawyer Licensing
NevadaA state barState Bar of Nevada lawyer search (nvbar.org)ABA: Lawyer Licensing
New HampshireBy phoneCall the New Hampshire Bar Association at 603-224-6942ABA: Lawyer Licensing
New JerseyA court or court agencyNew Jersey Courts attorney search (njcourts.gov)ABA: Lawyer Licensing
New MexicoA state barState Bar of New Mexico (sbnm.org)ABA: Lawyer Licensing
New YorkA court or court agencyNew York State Unified Court System attorney search (courts.state.ny.us)ABA: Lawyer Licensing
North CarolinaA state barNorth Carolina State Bar license verification (ncbar.gov)ABA: Lawyer Licensing
North DakotaA court or court agencyNorth Dakota Courts lawyer search (ndcourts.gov)ABA: Lawyer Licensing
OhioA court or court agencySupreme Court of Ohio attorney search (supremecourt.ohio.gov)ABA: Lawyer Licensing
OklahomaA state barOklahoma Bar Association member search (okbar.org)ABA: Lawyer Licensing
OregonA state barOregon State Bar member search (osbar.org)ABA: Lawyer Licensing
PennsylvaniaA court or court agencyDisciplinary Board of the Supreme Court of Pennsylvania attorney search (padisciplinaryboard.org)ABA: Lawyer Licensing
Rhode IslandA state barRhode Island Bar Association member directory (ribar.com)ABA: Lawyer Licensing
South CarolinaA court or court agencySouth Carolina Judicial Branch attorney search (sccourts.org)ABA: Lawyer Licensing
South DakotaBy phoneCall the State Bar of South Dakota at 605-224-7554ABA: Lawyer Licensing
TennesseeA court or court agencyBoard of Professional Responsibility online attorney directory (tbpr.org)ABA: Lawyer Licensing
TexasA state barState Bar of Texas Find a Lawyer (texasbar.com)ABA: Lawyer Licensing
UtahA state barUtah State Bar member directory (utahbar.org)ABA: Lawyer Licensing
VermontA court or court agencyVermont Judiciary attorney licensing page, "Attorneys in Good Standing" (vermontjudiciary.org)ABA: Lawyer Licensing
VirginiaA state barVirginia State Bar attorney search (vsb.org)ABA: Lawyer Licensing
WashingtonA state barWashington State Bar Association lawyer directory (wsba.org)ABA: Lawyer Licensing
West VirginiaA state barWest Virginia State Bar member search (wvbar.org)ABA: Lawyer Licensing
WisconsinA state barState Bar of Wisconsin lawyer search (wisbar.org)ABA: Lawyer Licensing
WyomingA state barWyoming 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 what you have ready

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

  1. California Courts: California Statutory Will form, Probate Code § 6240 (PDF) courts.ca.gov
  2. California Probate Code § 6111: holographic wills leginfo.legislature.ca.gov
  3. California Probate Code § 6122: effect of divorce or annulment on a will leginfo.legislature.ca.gov
  4. California Probate Code § 6240: the California Statutory Will form, with questions and answers leginfo.legislature.ca.gov
  5. State Bar of Texas, Texas Bar Journal client page: How to write a valid holographic will texasbar.com
  6. Texas Estates Code, Chapter 123: will provisions made before a divorce (§ 123.001) legis.texas.gov
  7. Florida Statutes § 732.502 (2026): execution of wills flsenate.gov
  8. New York Estates, Powers and Trusts Law § 5-1.4: revocation by divorce or annulment nysenate.gov
  9. California Probate Code § 84: "trustee" includes a successor trustee leginfo.legislature.ca.gov
  10. California Probate Code § 6300: gifts by will to the trustee of a trust leginfo.legislature.ca.gov
  11. Texas State Law Library: Nonprobate Property (living trusts, divorce) sll.texas.gov
  12. State Bar of Texas and Texas Young Lawyers Association: Living Trust Scams and the Senior Consumer (PDF, 2020) texasbar.com
  13. Texas State Law Library: Powers of Attorney, general information (definition, general and limited powers) sll.texas.gov
  14. Texas State Law Library: Durable Power of Attorney (what it does, when it ends, forms) sll.texas.gov
  15. California Probate Code § 4022: power of attorney, durable or nondurable leginfo.legislature.ca.gov
  16. 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
  17. California Attorney General: Advance care planning (no required form, Probate Code § 4701; who gets copies) oag.ca.gov
  18. 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
  19. California Secretary of State: Advance Health Care Directive Registry (Probate Code § 4800) sos.ca.gov
  20. 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
  21. Texas Health and Human Services: Advance directives forms (living will, medical power of attorney, out-of-hospital DNR; notary option) hhs.texas.gov
  22. Texas Health and Human Services: Directive to Physicians and Family or Surrogates (living will) form, English and Spanish, effective May 2024 hhs.texas.gov
  23. 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
  24. 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
  25. 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
  26. Florida Statutes § 765.202 (2026): designation of a health care surrogate (the surrogate may not witness, § 765.202(2)) flsenate.gov
  27. Florida Statutes § 765.303 (2026): suggested form of a living will flsenate.gov
  28. 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
  29. 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
  30. Florida Statutes § 765.104 (2026): amendment or revocation of an advance directive; effect of divorce flsenate.gov
  31. Florida Statutes § 765.110 (2026): health care facilities and providers must give written information and may not require an advance directive flsenate.gov
  32. Florida Statutes § 765.112 (2026): recognition of an advance directive executed in another state flsenate.gov
  33. Florida Statutes § 401.45 (2026): do-not-resuscitate orders on the Department of Health form, § 401.45(3)(a) flsenate.gov
  34. New York Public Health Law § 2980(1): an adult is a person 18 or older, or a parent, or married nysenate.gov
  35. 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
  36. 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
  37. New York Public Health Law § 2983: determination of lack of capacity (attending practitioner, in writing; a second clinician for life-sustaining treatment) nysenate.gov
  38. 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
  39. 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
  40. 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
  41. 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
  42. MedlinePlus (National Library of Medicine): Advance directives (living will, health care proxy, the decisions a living will covers) medlineplus.gov
  43. National Cancer Institute: Advance directives (DNR orders, state laws differ, copies, changing your mind) cancer.gov
  44. Washington State Department of Health: Portable Orders for Life Sustaining Treatment (POLST), a portable physician order form doh.wa.gov
  45. 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
  46. 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
  47. Ariz. Rev. Stat. § 33-405, beneficiary deeds; recording; with the statutory deed and revocation forms (current text) azleg.gov
  48. 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
  49. 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
  50. Cal. Prob. Code § 5600, scope and sunset of the revocable TOD deed law (January 1, 2032) leginfo.legislature.ca.gov
  51. California Courts Self-Help Guide: Guide to property after someone dies (what probate is, who handles it, legal terms) courts.ca.gov
  52. California Courts Self-Help Guide: Check if you can use a simple process to transfer property (small estate limits) courts.ca.gov
  53. California Courts Self-Help Guide: If you need formal probate (steps, time, fees and costs) courts.ca.gov
  54. Judicial Council of California, form DE-300: Maximum values for small estate set-aside and disposition without administration (PDF) courts.ca.gov
  55. California Probate Code § 10800: personal representative's compensation leginfo.legislature.ca.gov
  56. California Probate Code § 10810: compensation of the personal representative's attorney leginfo.legislature.ca.gov
  57. California Probate Code § 13100: collecting property without probate (small estate) leginfo.legislature.ca.gov
  58. Texas State Law Library: Probate Law, general information (what probate is, do I need an attorney, terms) sll.texas.gov
  59. Texas State Law Library: Before Probate (bank accounts, Medicaid claims) sll.texas.gov
  60. Texas State Law Library: Probating a Will (time limit, public record, property not in the will) sll.texas.gov
  61. Texas State Law Library: When There Is No Will sll.texas.gov
  62. Texas State Law Library: Estate Executors (duties, who can serve, pay) sll.texas.gov
  63. Texas State Law Library: Informal Methods (small estate affidavit, muniment of title) sll.texas.gov
  64. Texas Estates Code, Chapter 205: small estate affidavit (§ 205.001) legis.texas.gov
  65. Texas Estates Code, Chapter 352: compensation of personal representatives (§ 352.002) legis.texas.gov
  66. Florida Statutes § 732.102 (2026): spouse's share of an intestate estate flsenate.gov
  67. Florida Statutes § 733.617 (2026): compensation of the personal representative flsenate.gov
  68. Florida Statutes § 733.6171 (2026): compensation of the personal representative's attorney flsenate.gov
  69. Florida Statutes § 735.201 (2026): summary administration flsenate.gov
  70. New York Surrogate's Court Procedure Act § 1301: small estate definition nysenate.gov
  71. New York Surrogate's Court Procedure Act § 2307: commissions of fiduciaries nysenate.gov
  72. California Courts Self-Help Guide: Inventory and value the property (joint tenancy, right of survivorship) courts.ca.gov
  73. Code of Alabama § 43-8-41: share of the spouse (Acts 1982, No. 82-399; read October 22, 2026) alison.legislature.state.al.us
  74. Code of Alabama § 43-8-42: share of heirs other than the spouse (read October 22, 2026) alison.legislature.state.al.us
  75. Code of Alabama § 43-8-43: heir must survive by five days (read October 22, 2026) alison.legislature.state.al.us
  76. 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
  77. IRS: Estate tax (filing threshold by year of death; spouse deduction; portability) irs.gov
  78. IRS: Instructions for Form 706 (Rev. 07/2026): $15,000,000 basic exclusion, Table A rate schedule, 9-month deadline irs.gov
  79. IRS: What's new, estate and gift tax (P.L. 119-21; annual exclusion) irs.gov
  80. IRS: Frequently asked questions on gift taxes irs.gov
  81. IRS Publication 525: gifts and inheritances; inherited pension or IRA irs.gov
  82. IRS FAQ: Gifts and inheritances (basis of inherited property) irs.gov
  83. Pennsylvania Department of Revenue: Inheritance tax (rates, discount, due date) pa.gov
  84. New Jersey Division of Taxation: Inheritance and estate tax rates nj.gov
  85. New Jersey Division of Taxation: Inheritance tax beneficiary classes nj.gov
  86. New Jersey Division of Taxation: Inheritance and estate tax (estate tax ended January 1, 2018) nj.gov
  87. Kentucky Department of Revenue: Inheritance and estate tax revenue.ky.gov
  88. Kentucky Department of Revenue: A Guide to Kentucky Inheritance and Estate Taxes (92F101), rate chart revenue.ky.gov
  89. Md. Code, Tax-General § 7-203: inheritance tax exemptions mgaleg.maryland.gov
  90. Md. Code, Tax-General § 7-204: inheritance tax rate mgaleg.maryland.gov
  91. Md. Code, Tax-General § 7-309: estate tax exclusion amount and computation mgaleg.maryland.gov
  92. Iowa Department of Revenue: Introduction to Iowa inheritance tax (repealed for deaths on or after January 1, 2025) revenue.iowa.gov
  93. Nebraska Department of Revenue: Inheritance tax reports (county inheritance tax) revenue.nebraska.gov
  94. Conn. Gen. Stat. § 12-391: estate tax rate and $15 million cap cga.ct.gov
  95. D.C. Code § 47-3702: estate tax rates code.dccouncil.gov
  96. D.C. Office of Tax and Revenue: Estate tax filing thresholds and due date otr.cfo.dc.gov
  97. Hawaii Department of Taxation: Instructions for Form M-6 (Rev. 2025), exclusion and tax rate schedule files.hawaii.gov
  98. Illinois Attorney General: Estate taxes illinoisattorneygeneral.gov
  99. Illinois Attorney General: Estate tax fact sheet ($4,000,000 exclusion; examples) illinoisattorneygeneral.gov
  100. Maine Revenue Services: Estate tax (706ME), 2026 exclusion and rates maine.gov
  101. Minn. Stat. § 291.03: estate tax rates revisor.mn.gov
  102. Minn. Stat. § 291.016: Minnesota taxable estate and exclusion amount revisor.mn.gov
  103. New York State Department of Taxation and Finance: Estate tax (2026 basic exclusion amount) tax.ny.gov
  104. N.Y. Tax Law § 952: rate table and the 105% rule nysenate.gov
  105. Oregon Department of Revenue: Estate transfer tax (filing threshold, due date) oregon.gov
  106. Oregon Department of Revenue: Form OR-706 instructions (2025), Part 6 tax table oregon.gov
  107. Vermont Department of Taxes: Estate tax (2026 filing threshold change) tax.vermont.gov
  108. 32 V.S.A. § 7442a: Vermont estate tax rate legislature.vermont.gov
  109. Washington Department of Revenue: Estate tax (2026 exclusion amounts) dor.wa.gov
  110. Washington Department of Revenue: Estate tax tables (Table W by date of death) dor.wa.gov
  111. 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)
  112. Massachusetts estate tax guide: Table B, filing and the 9-month due date (updated April 23, 2026) Massachusetts Department of Revenue
  113. 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
  114. Form RI-706: computation, $60,000 exclusion, tax computation schedule and credit chart Rhode Island Division of Taxation
  115. Rhode Island estate tax: filing and the 9-month due date Rhode Island Division of Taxation
  116. 280-RICR-20-35-1: Rhode Island estate tax regulation Rhode Island Department of State
  117. Unicameral Update: "Inheritance tax cut approved" (LB310, February 11, 2022) Nebraska Legislature
  118. Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
  119. Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
  120. Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
  121. Unicameral Update: inheritance tax bills after LB310 (2025 and 2026 sessions) Nebraska Legislature
  122. Form PCIT: county inheritance tax report, classes of relatives Nebraska Department of Revenue
  123. Form ECIT: estate county inheritance tax report Nebraska Department of Revenue
  124. Notice of Oct. 1, 2025 Tax Changes: exclusion $4,988,400 for deaths in 2026 D.C. Office of Tax and Revenue
  125. 2026 Form D-76 instructions: estate tax computation worksheet for deaths on or after January 1, 2026 D.C. Office of Tax and Revenue
  126. 26 U.S.C. § 2041(b)(2): lapse of a power of appointment, the greater of $5,000 or 5 percent govinfo.gov
  127. ABA Model Rules of Professional Conduct, Rule 1.5: Fees (written fee terms, contingent fees, the ban in criminal and divorce cases) americanbar.org
  128. ABA Model Rules of Professional Conduct, Rule 1.15: Safekeeping property (fees paid in advance go into a client trust account) americanbar.org
  129. State Bar of Texas: Lawyer Referral & Information Service texasbar.com
  130. The Florida Bar: Lawyer Referral Service floridabar.org
  131. New York State Bar Association: Lawyer Referral Service nysba.org
  132. State Bar of California: certified lawyer referral services calbar.ca.gov
  133. American Bar Association: Lawyer Licensing (the agency that licenses lawyers in each state, with its search), opened November 1, 2026 americanbar.org
  134. Arkansas: Arkansas Judiciary attorney search, as the ABA lists it attorneyinfo.aoc.arkansas.gov
  135. California: State Bar of California attorney search, as the ABA lists it apps.calbar.ca.gov
  136. Connecticut: Connecticut Judicial Branch attorney and firm inquiry, as the ABA lists it jud.ct.gov
  137. Florida: The Florida Bar member search, as the ABA lists it floridabar.org
  138. Idaho: Idaho State Bar attorney roster, as the ABA lists it isb.idaho.gov
  139. Indiana: Indiana Roll of Attorneys, as the ABA lists it courtapps.in.gov
  140. Maine: Maine attorney directory, as the ABA lists it maine.gov
  141. Maryland: Maryland Courts attorney search, as the ABA lists it mdcourts.gov
  142. Minnesota: Minnesota Lawyer Registration Office public search, as the ABA lists it lro.mn.gov
  143. Nebraska: Nebraska lawyer search, as the ABA lists it mcle.wcc.ne.gov
  144. New York: New York State Unified Court System attorney search, as the ABA lists it iapps.courts.state.ny.us
  145. North Carolina: North Carolina State Bar license verification, as the ABA lists it portal.ncbar.gov
  146. North Dakota: North Dakota Courts lawyer search, as the ABA lists it ndcourts.gov
  147. Ohio: Supreme Court of Ohio attorney search, as the ABA lists it supremecourt.ohio.gov
  148. Texas: State Bar of Texas Find a Lawyer, as the ABA lists it texasbar.com

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