Estate planning plays a crucial role in protecting your assets and ensuring your loved ones are cared for when you’re no longer here. But when it comes to estate planning attorneys and probate attorneys, many people aren’t sure which type of lawyer they need—or if they need both.
Understanding the difference between these two legal professionals can help you make informed decisions about your estate and avoid unnecessary legal complications. What does an estate planning attorney do? Do I need one? These are common questions that can greatly impact your planning process.
What Is an Estate Planning Attorney?
An estate planning attorney helps individuals and families create a legal plan to manage their assets during their lifetime and distribute them after death. Their primary role is to prevent disputes, minimize taxes, and ensure your wishes are carried out smoothly.
Key Services Provided by an Estate Planning Attorney
Drafting Wills & Trusts
- Creates a plan to help you manage and distribute assets according to your wishes.
- Creates trusts to help people avoid or minimize probate, protect beneficiaries, and minimize estate taxes. An estate planning attorney can answer the significant question, do I need one to handle complex trusts?
Establishing Powers of Attorney
- General Durable (Financial) Power of Attorney: Names someone to manage your finances if you become incapacitated.
- Healthcare (Medical) Power of Attorney: Grants authority to a trusted person to make healthcare decisions on your behalf.
Planning for Incapacity
- Helps you create advance healthcare directives to specify medical treatment preferences.
- Prevents court intervention by allowing you to pre-select decision-makers. What does an estate planning attorney do to help avoid court intervention? They guide you on planning directives.
Minimizing Estate Taxes & Avoiding Probate
- Uses strategies like revocable living trusts, strategic gifting, and charitable donations to lower estate tax burdens.
- Structures your estate to help avoid or minimize probate, saving time and legal costs. Do you need one specialized in these strategies?
Protecting Beneficiaries & Assets
- Creates trusts to protect minor children, provide for additional needs family members, or loved ones with spending concerns.
- Helps safeguard legacies like family businesses, real estate, and investments for future generations.
These deductions are available whether assets are held in a trust or in your name.
What Is a Probate Attorney?
While an estate planning attorney helps you prepare for the future, a probate attorney steps in after someone has passed away to guide nominated personal representatives through the legal process of settling an estate. In such situations, you may ask, does a probate lawyer differ from what an estate planning attorney does?
Guiding Executors & Personal Representatives
- Helps the personal representative navigate court procedures, estate administration, paperwork, and legal deadlines.
Handling Probate Court Filings
- Files legal documents to validate a will and/or appoint an administrator/personal representative if there’s no will.
Resolving Debts & Distributing Assets
- Helps personal representative ensure all debts, taxes, and expenses are satisfied before distributing inheritance to beneficiaries.
Do You Need Both an Estate Planning and Probate Attorney?
Not everyone will need a probate attorney—but some work closely with an estate planning attorney to create a well-structured plan that avoids or minimizes probate obligations for their loved ones.
However, if a loved one has passed away without an estate plan, or left a will that must be validated by a court in the probate process, a probate attorney may be necessary.
If your estate exceeds the federal exclusion amount or you live in a state with a lower estate tax threshold, consult an estate planning attorney to ensure your plan minimizes tax liabilities and protects your assets. This will clarify the question, do I need one to manage complex estate issues?
When to Hire an Estate Planning Attorney?
✅ If you want to safeguard your assets and control how they’re distributed.
✅ When you need help establishing a will, trust, medical directive, and/or power of attorney.
✅ In case you might be looking to reduce estate taxes, and avoid or minimize probate. Knowing what does an estate planning attorney do will help you decide when to hire one.
When to Hire a Probate Attorney
✅ You’re named the personal representative in someone’s will and need legal guidance.
✅ A loved one died with or without a will, and the estate must go through probate.
Why Estate Planning Now Can Save Time & Money
Working with an attorney now can help your family avoid costly probate, legal disputes, and unnecessary stress later.
If you need guidance on creating or updating your estate plan, contact us today to get started.
