How Much Does It Cost to Do a Will: Breaking Down the Real Numbers Behind Estate Planning
Estate planning feels like one of those grown-up responsibilities that sneaks up on you somewhere between your first mortgage payment and realizing you actually need to check your tire pressure regularly. Most folks put off creating a will because they assume it'll cost a fortune—or worse, they think they don't have enough assets to bother with one. But here's the kicker: dying without a will (that's "intestate" in legal speak) can cost your loved ones far more than you'd ever spend on proper estate planning.
Let me paint you a picture of what we're really talking about here. The cost of creating a will varies wildly depending on how you go about it, ranging from absolutely free to several thousand dollars. Yeah, that's quite a spread, isn't it?
The DIY Route: When Free Isn't Always Free
You can technically write your own will on a napkin if you want to. Some states even recognize handwritten (holographic) wills, though I wouldn't recommend testing that theory. The internet is swimming with free will templates and forms you can download faster than you can say "last will and testament."
But here's what nobody tells you about the DIY approach: those free templates are about as personalized as a fortune cookie. They work fine if your life fits neatly into predetermined boxes—single, married, 2.5 kids, house in the suburbs, golden retriever optional. The moment your situation gets even slightly complicated (blended families, anyone?), these templates start showing their limitations.
I've seen too many DIY wills that accidentally disinherit children, create tax nightmares, or use language so vague that families end up in court anyway. One particularly memorable case involved a gentleman who used an online template and accidentally left everything to his "heirs" without specifying who those were. His estranged brother from across the country showed up claiming half the estate. Fun times.
Online Will Services: The Middle Ground
The digital age has blessed us with online will services that sit somewhere between napkin wills and full-blown attorney consultations. Companies like LegalZoom, Nolo, and Trust & Will charge anywhere from $89 to $299 for basic will packages. Some throw in power of attorney documents and healthcare directives as part of the deal.
These services work like TurboTax for estate planning—they walk you through a series of questions and spit out legal documents at the end. The better ones even have attorneys review your documents, though you're usually talking to someone in a call center rather than building a relationship with a local lawyer who understands your state's quirks.
For straightforward estates, these services can be perfectly adequate. Single person with a house, a car, and a 401(k)? You're probably fine. But the moment you start dealing with business interests, substantial assets, or complex family dynamics, you're playing with fire.
The Attorney Option: Yes, It Costs More (And There's a Reason)
Now we get to what most people dread: hiring an actual attorney. Brace yourself—attorneys typically charge between $300 and $1,200 for a basic will. In major metropolitan areas, you might be looking at $1,500 or more. Complex estates with trusts, tax planning, and business succession can easily run $3,000 to $5,000.
Before you close this tab in horror, let me explain why attorneys charge what they do. When you hire an estate planning attorney, you're not just paying for document preparation. You're paying for someone who knows that in your state, witnesses can't be beneficiaries, or that your specific county requires special language for real estate transfers. You're paying for someone who will ask about that child from your first marriage you forgot to mention, or point out that leaving everything to your spouse might trigger unnecessary estate taxes.
I once worked with a client who came in with a DIY will that would have cost his family about $50,000 in unnecessary taxes. The $1,200 he spent on proper planning saved his kids enough to pay for a year of college. Not a bad return on investment.
The Hidden Costs Nobody Mentions
Here's where things get interesting. The sticker price of creating a will is just the beginning. There are sneaky costs that pop up like uninvited guests at a dinner party.
First, there's the cost of updates. Life doesn't stop after you sign your will. You get divorced, remarried, have more kids, buy property in another state, or finally start that business you've been dreaming about. Each major life change means your will needs updating. Some attorneys charge a flat fee for updates (usually $100-$500), while others bill hourly.
Then there's the probate factor. Even with a will, your estate typically goes through probate—a court process that can cost anywhere from 3% to 7% of your estate's value. In California, for example, statutory probate fees on a $1 million estate run about $23,000. Suddenly that $3,000 trust your attorney recommended doesn't seem so expensive.
Don't forget about storage and accessibility. That will won't do anyone any good if nobody can find it when the time comes. Safe deposit boxes, fireproof safes, or attorney storage all come with their own costs and complications.
State-by-State Sticker Shock
Where you live matters more than you might think. Estate planning costs vary dramatically by state, and not just because of cost of living differences. Some states have complicated probate procedures that make trusts almost mandatory. Others have simplified processes that make basic wills more viable.
In New York City, don't be surprised if attorneys quote you $2,000 for a basic will package. Meanwhile, in rural Kansas, you might find excellent attorneys charging $400 for the same service. It's not that New York attorneys are greedier (okay, maybe a little)—they're dealing with more complex state laws, higher overhead, and typically more complicated client situations.
States like Florida and California have notorious probate systems that make trust-based planning almost essential for anyone with significant assets. Other states like Texas have relatively streamlined probate processes that make wills more practical for average estates.
The Trust Question: When Wills Aren't Enough
At some point in your estate planning journey, someone will mention trusts. Revocable living trusts typically cost $1,500 to $3,000 to set up, but they can help your heirs avoid probate entirely. For larger estates, the math often works out in favor of trusts.
But trusts aren't just for rich folks anymore. If you own real estate in multiple states, have a blended family, want to control distributions to young beneficiaries, or simply value privacy (probate records are public), a trust might make sense regardless of your net worth.
The real cost consideration with trusts isn't just the upfront price—it's the ongoing maintenance. Trusts need to be funded properly, which means transferring ownership of your assets into the trust. Skip this step, and you've got an expensive pile of paper that won't help anyone.
The Package Deal Phenomenon
Most estate planning attorneys don't just sell wills à la carte anymore. They've figured out that clients need more than just a will, so they bundle documents together. A typical estate planning package might include:
- Last Will and Testament
- Revocable Living Trust (if needed)
- Financial Power of Attorney
- Healthcare Power of Attorney
- Living Will/Advance Healthcare Directive
- HIPAA Authorization
These packages usually run $1,000 to $3,500, depending on complexity and location. While it seems like a lot upfront, getting all these documents done together is almost always cheaper than doing them piecemeal over the years.
When Cheap Becomes Expensive
I've seen too many families learn this lesson the hard way. Dad saved $800 by using a DIY will, but the family spent $15,000 in legal fees fighting over ambiguous language. Mom used an online service that didn't account for her state's elective share laws, accidentally disinheriting her second husband and triggering a lawsuit.
The most expensive will is often the cheapest one—the one that doesn't hold up when it matters most. Courts are littered with cases where families spend tens of thousands of dollars litigating poorly drafted wills. Even when the intent seems clear to you, legal documents need precise language to be enforceable.
The Procrastination Tax
Here's a cost nobody talks about: the price of waiting. Every year you put off estate planning, you're essentially gambling that nothing will happen to you. It's a bet most people win, until they don't.
Beyond the obvious risks, procrastination has real financial costs. Estate tax laws change, sometimes dramatically. Planning opportunities that exist today might vanish tomorrow. That stepped-up basis benefit that could save your heirs thousands in capital gains taxes? It's been on the congressional chopping block multiple times.
Plus, the older you get, the more complicated your estate becomes. That simple will you could have done at 35 for $500 might require a $3,000 trust by the time you're 55.
Making the Money Make Sense
So how do you decide what to spend? Start by taking an honest inventory of your situation. Add up your assets—house, retirement accounts, life insurance, everything. If you're worth more than your state's probate threshold (often around $150,000), spending more on planning usually saves money long-term.
Consider your family situation too. Blended families, minor children, family members with special needs, or beneficiaries who aren't great with money all point toward needing more sophisticated (and expensive) planning.
Think about it this way: you'll spend more on your next vacation than you would on basic estate planning. But which one provides lasting value to your family?
The Bottom Line Reality
After all this, you're probably wondering what you should actually budget for estate planning. For most middle-class Americans with straightforward situations, plan on spending:
- $0-$200 for true DIY (if you're confident and your situation is simple)
- $100-$300 for online services
- $500-$1,500 for attorney-drafted wills
- $1,500-$3,500 for comprehensive estate planning packages with trusts
Yes, it's a significant expense. But compared to the potential costs of not having proper planning—probate fees, family disputes, tax consequences—it's genuinely one of the best investments you can make for your family's future.
The real question isn't whether you can afford to do estate planning. It's whether your family can afford for you not to.
Authoritative Sources:
American Bar Association. Guide to Wills and Estates. 4th ed., Random House Reference, 2012.
Clifford, Denis. Plan Your Estate. 14th ed., Nolo, 2020.
National Association of Estate Planners & Councils. "Estate Planning Essentials." NAEPC Journal of Estate & Tax Planning, vol. 45, no. 3, 2021, pp. 12-28.
Sitkoff, Robert H., and Jesse Dukeminier. Wills, Trusts, and Estates. 10th ed., Wolters Kluwer, 2017.
U.S. Government Accountability Office. "Estate and Gift Taxes: Information on Wealth Transfer Tax System and Tax Planning." GAO-20-493, 2020. www.gao.gov/products/gao-20-493