Attorney Kellen Bryant explains why estate planning costs vary and what factors determine how much you’ll pay for proper legal planning.
If you’ve called around asking attorneys “How much does a will cost?” you’ve probably discovered something frustrating: most lawyers won’t give you a straight answer over the phone. There’s actually a very good reason for this, and understanding why can help you better prepare for the estate planning process and budget appropriately.
Why Attorneys Can’t Quote Prices Over the Phone
Estate planning costs depend on three critical factors that attorneys must understand before providing accurate pricing:
1. Your Family Situation
Family dynamics significantly affect planning complexity and therefore cost.
2. Your Financial Situation
The types and amounts of assets you own determine which planning strategies are needed.
3. Your Goals
What you want your estate plan to accomplish drives the complexity and cost of the legal work.
Think of it this way: if someone called and asked “How much will you sell me your house for?” you couldn’t answer without knowing whether they want a shack or a mansion, how many rooms they need, what neighborhood they prefer, or whether they want a pool. Similarly, attorneys can’t price estate planning without understanding your specific “house”—your unique family, financial, and goal situation.
Your Mindset Matters
Before discussing costs, it’s important to understand what kind of estate planning mindset you have, as this affects both your needs and your budget.
The “Something on Paper” Mindset
Some people think: “I just want something basic on paper. If there’s a mess after I’m gone, what do I care? I won’t be here to deal with it.”
If this describes your attitude, here’s an important fact: Florida law already has a will made for you. The state has predetermined who gets your assets and who’s in charge if you don’t have your own plan. You don’t actually have to do anything if you’re comfortable with Florida’s default plan.
However, if you want to deviate from Florida’s automatic distribution (perhaps to include friends, charities, or specific family members who wouldn’t otherwise inherit), then yes, you’ll need basic legal documents.
The “Protect My Family” Mindset
Other people think: “I care about making things easy on my family. I don’t want them paying anything extra to the government, nursing homes, or creditors. I want to avoid family conflicts and complications.”
If this describes your mindset, you’ll want more comprehensive planning, which naturally costs more but provides significantly better protection and outcomes for your loved ones.
Factors That Affect Estate Planning Costs
Understanding these key factors can help you anticipate your potential costs:
Family Situation Complexity
- First marriage with children – Generally more straightforward
- Second marriage situations – Requires balancing current spouse vs. children from previous marriages
- Children with special needs – Needs specialized planning to protect government benefits
- Spendthrift children – May require trust structures to protect inheritance
- No children – Requires careful planning for asset distribution
Asset Complexity
- Simple assets – Bank accounts, house, basic investments
- Complex assets – Business interests, multiple properties, timeshares, oil wells, extensive stock portfolios
- Asset size – Larger estates may require tax planning strategies
- Asset types – Some assets require special handling for transfer or protection
Planning Goals
- Basic asset distribution – Who gets what when you die
- Probate avoidance – Keeping your estate out of court
- Asset protection planning – Protecting wealth from creditors or long-term care costs
- Spouse protection – Ensuring your spouse doesn’t lose inheritance to remarriage
- Tax planning – Minimizing estate or income taxes
- Long-term care planning – Protecting assets from nursing home costs
Typical Cost Ranges
While every situation is different, here are some general starting points to help you budget:
Basic Comprehensive Estate Plan
Starting at approximately $700
This typically includes:
- Will
- Power of Attorney
- Health Care Surrogate
- Living Will
Important note: Most experienced estate planning attorneys are hesitant to prepare “just a will” because a will alone leaves significant gaps in your planning. A comprehensive approach addresses both what happens when you die and what happens if you become incapacitated during your lifetime.
More Complex Planning
Costs increase based on additional complexity such as:
- Trust-based planning
- Tax planning strategies
- Business succession planning
- Asset protection strategies
- Special needs planning
Getting Accurate Cost Estimates
To get realistic pricing for your estate plan:
Before Your Consultation:
- Prepare asset information – List what you own and approximate values
- Think about family dynamics – Consider relationships, special needs, and potential concerns
- Identify your goals – What do you want your estate plan to accomplish?
- Consider your timeline – Do you need basic protection now with plans to enhance later?
During Your Consultation:
- Be honest about your budget – Most attorneys can work within reasonable budgets
- Ask about phased planning – You might be able to start with basics and add complexity later
- Understand what’s included – Make sure you know exactly what documents and services you’re getting
- Ask about ongoing costs – Some planning strategies require periodic updates or maintenance
The Value of Professional Planning
While estate planning costs money upfront, consider the potential savings:
- Probate avoidance – Can save thousands in court costs and attorney fees
- Tax planning – May save significant estate or income taxes
- Family conflict prevention – Clear instructions reduce expensive family disputes
- Long-term care protection – Proper planning can preserve substantial assets
- Time savings – Professional planning makes administration much easier for your family
Making the Right Investment
Remember that estate planning is an investment in your family’s future peace of mind and financial security. While costs vary based on your specific needs, proper planning typically saves far more than it costs by avoiding probate, reducing taxes, preventing family conflicts, and protecting assets from unnecessary expenses.
The key is finding an attorney who understands your specific situation and can create a plan that meets your goals within your budget.
For accurate cost estimates based on your specific family, financial, and planning goals, schedule a consultation with experienced estate planning attorneys who can assess your needs and provide detailed pricing information.
