Home › Guides › Notifications › Estate Planning Attorney
Estate Planning Attorney
Notifications
If the deceased worked with an estate planning attorney, contact them as soon as possible. They may hold the original will, trust documents, or advanced directives and can advise on next legal steps, probate, and distribution of assets.
Frequently Asked Questions
Timeline
When should I contact an estate planning attorney?
Contact an attorney within 1-2 weeks of the death, or sooner if the estate is complex (business interests, real estate in multiple states, potential disputes, or assets over $1 million). Even simple estates benefit from a brief consultation to understand probate requirements in your state. If you are named executor in the will, an attorney can explain your legal duties and help you avoid personal liability for mistakes.
Documents
What documents might the attorney already have on file?
Estate planning attorneys typically retain the original or copies of: the will, revocable living trust, powers of attorney, healthcare directives, and any amendments or codicils. They may also have beneficiary designation worksheets, asset inventories, and notes about the deceased's wishes. Call the attorney's office and identify yourself—they will confirm whether they hold documents and arrange a meeting or document release.
Process
How do I find an estate attorney if the deceased did not have one?
Ask for referrals from the deceased's CPA, financial advisor, or bank trust officer. Your state bar association's lawyer referral service can provide names (most charge a nominal fee for initial consultations). The American College of Trust and Estate Counsel (ACTEC) maintains a directory of board-certified estate attorneys at actec.org. Look for attorneys who specialize in probate and estate administration, not just estate planning.
Costs
What do estate attorneys typically charge?
Fee structures vary: some charge hourly ($200-$500/hour), some charge a flat fee for probate ($2,500-$10,000 for simple estates), and in some states attorneys charge a percentage of the estate value (typically 2-4%). Ask about the fee structure upfront during the initial consultation—many attorneys offer a free or low-cost ($100-$250) initial meeting. Compare at least 2-3 attorneys before engaging one, and get the fee agreement in writing.