Estate Planning · Haute Lawyer Network
How Much Does Estate Planning Cost?
Last reviewed: October 2026 · Jurisdiction: United States (examples: California, New York)
Estate planning cost depends on what you need and how the lawyer bills. Many attorneys quote a flat fee for a defined package, such as a will, powers of attorney and a health care directive, and charge more for trust-based or tax-driven plans. Others bill hourly. Ask for a written scope listing every document, trust funding help and updates.
| Key facts (United States, with California and New York examples, as of October 2026) | Rule | Source |
|---|---|---|
| Lawyer must explain the fee | Scope and the basis or rate of the fee must be communicated, preferably in writing, before or soon after work starts | ABA Model Rule 1.5(b) (each state adopts its own version) |
| Fees must be reasonable | Factors include time, skill needed, customary local fees and the lawyer's experience | ABA Model Rule 1.5(a) |
| California: probate attorney's statutory fee | 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, 0.5% of the next $15 million; a court-set amount above $25 million | Cal. Prob. Code § 10810 |
| California: executor's statutory commission | Same percentage schedule as the attorney's fee | Cal. Prob. Code § 10800 |
| New York: executor's commission | 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 | N.Y. SCPA § 2307 |
How estate planning lawyers charge
| Fee structure | How it works | Best for |
|---|---|---|
| Flat fee | One quoted price for a defined set of documents and meetings | Standard will- or trust-based plans |
| Hourly | You pay for time spent, often billed in fractions of an hour | Unusual situations, tax or business planning, open-ended advice |
| Hybrid | Flat fee for the documents, hourly for extras such as funding the trust or deed work | Plans where the scope may grow |
| Retainer or maintenance plan | An upfront deposit or a periodic fee for reviews and updates | People who expect frequent changes |
Whatever the structure, ask for it in writing, with a list of every document included, how many meetings, whether the lawyer helps fund the trust (retitling accounts and deeds), and what updates cost later.
What drives the price
- Will-based vs. trust-based plan. A will, powers of attorney and a health care directive is the simplest package. Adding a revocable living trust means more drafting, plus funding work.
- Family situation. Blended families, minor children, a beneficiary with special needs, or a family business all add drafting and planning.
- Assets and states. Real estate in more than one state, business interests and retirement accounts all need coordination.
- Taxes. Plans designed around federal or state estate tax (for example, New York has its own estate tax) need advanced trusts and more of the lawyer's time.
- Your market and the lawyer's experience. Rule 1.5(a) itself lists local customary fees and experience as reasons fees differ.
What a basic plan vs. a trust-based plan usually includes
| Will-based plan | Trust-based plan | |
|---|---|---|
| Will | Yes | Yes, usually a "pour-over" will |
| Revocable living trust | No | Yes |
| Durable power of attorney + health care directive | Yes | Yes |
| Trust funding help (deeds, account retitling) | Not applicable | Sometimes included, sometimes billed separately: ask |
| Avoids probate for covered assets | No (beneficiary designations and joint ownership still do) | Yes, for assets actually in the trust |
Planning vs. probate cost
Probate costs vary by state. Two states publish their schedules: in California, the probate attorney and the executor are each entitled to a statutory percentage of the estate's value, before debts are subtracted (Probate Code §§ 10800, 10810); in New York, executor commissions follow a sliding percentage schedule (SCPA § 2307). Many other states use a "reasonable fee" standard instead. Compare those with the planning quote you receive, and remember that probate also costs time and public disclosure.
Keeping the plan current
Review your plan after a marriage, divorce, birth, death, move to another state, sale of a business, or a change in tax law, and every few years anyway. Ask up front whether updates are flat-fee or hourly.
Talk to an estate planning attorney
- Find an Estate Planning & Probate Attorney · Find an Estate & Trust Attorney
- James Voeller — San Antonio, estate planning and probate, Voeller Law Firm
- Sarah S. Oldham — Westport, Connecticut, estate planning and probate, Rutkin Oldham Contratto
Related reading: What happens to a trust after death? · How do I avoid probate? · What is a disclaimer of inheritance?
This article is general information, not legal advice, and doesn't create an attorney-client relationship. Fees and probate rules vary by state and by lawyer. Ask for a written fee agreement.
Sources
Frequently Asked Questions
Do estate planning lawyers charge flat fees or hourly?
Both are common. Many quote a flat fee for a defined package of documents and bill hourly for extras like trust funding, tax planning or unusual issues. Ask for the fee and scope in writing, which the ABA Model Rules recommend (Rule 1.5(b)).
Is a trust-based plan more expensive than a will?
Usually, because a living trust means more documents and the assets have to be retitled into it. Whether it's worth it depends on what probate would cost and involve in your state, whether you own property in several states, and how much privacy and control you want.
Is estate planning cheaper than probate?
Often, but it depends on the state and the estate. Some states set probate fees by statute. In California, the probate attorney and the executor are each entitled to a percentage of the estate's gross value (Prob. Code §§ 10800, 10810). Others use a reasonable-fee standard. Compare those costs with your planning quote.
Can I do my own estate plan with an online service?
Online templates can work for very simple situations. The usual risks are missing a state signing or witnessing requirement, never funding a trust, and plans that don't fit blended families, business interests or multi-state property. A lawyer is most useful once any of those apply.
Do I need to update my estate plan after marriage or divorce?
Yes. In many states divorce automatically revokes will provisions for a former spouse, and some states extend that to certain beneficiary designations. Federal law can override those state rules for employer retirement plans (Egelhoff v. Egelhoff, 2001), so update beneficiary forms directly.
How do I choose an estate planning attorney?
Look for someone who focuses on estate planning in your state, ask how they bill and what's included, and ask who will help fund the trust. Some states certify specialists in estate planning or trusts and estates through the state bar; your state bar can tell you whether a lawyer holds that certification.
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