Now that you understand the basic components of an estate plan, you might be a little overwhelmed and uncertain about what to do next. Perhaps you have friends who met with an attorney to create their plans, while others swear by do-it-yourself (DIY) docs they found online. You may not be sure what the right choice is for you.
Choosing whether to use an attorney for estate planning is similar to deciding whether to use a tax professional to prepare your taxes. The key question isn’t how much money you have – it’s how simple or complex your financial and family situation is.
It’s not about the size of your estate
A common misconception is that only people with large estates need an attorney. In reality, the size of your estate has very little to do with whether you need to use an attorney.
Even if your only assets are a house and one bank account, if you have a complex situation then you will most likely need to use an attorney. Complex situations when talking about estate planning are things such as:
- Divorce and remarriage
- Blended families
- A family-owned business
- Property or assets owned in multiple states
- Special planning needs for children or dependents
In these cases, an estate planning attorney can help ensure your documents are valid, coordinated and aligned with your long-term wishes.
When DIY estate planning may be enough
If your situation is truly straightforward, such as leaving everything to a spouse with no additional conditions, a DIY tool may be sufficient to help you create your estate planning documents. This means that if you want to divide up assets between two or more people or you have a more complicated situation, a DIY document might not be right for you.
If you do feel like DIY is the right way to go for you, keep these best practices in mind:
- Use document templates created or reviewed by an attorney
- Choose state-specific forms, since estate laws vary by state
- Consider having an attorney review your documents to confirm they’re legally valid
- Remember to notarize your documents after they’re complete
This added step can help you avoid mistakes that may cause delays or confusion later.
Not sure which option is right? That’s a good sign
If you find yourself questioning whether a simple will is enough – or wondering whether you need additional documents like trusts or powers of attorney – that uncertainty is actually a positive sign. It means that you recognize the importance of creating an estate plan that truly fits your situation.
It also means that you should consult with an attorney, who can talk to you about the best way to create your legacy. They can help you:
- Identify which documents you actually need
- Determine whether a trust may benefit you or your family
- Minimize costs, delays and unintended consequences
- Ensure your estate plan works together as a whole
An attorney’s guidance can help you feel confident that your plan will be carried out the way you intended.
The bottom line
Although DIY documents may work for a few people with very basic estate planning needs, you may need to use an attorney who fully understands the laws and the entire process. An attorney will help you look at the big picture and ensure that things won't fall through the cracks.
Because although you might think that using online document templates will save you money, that choice could cost your estate and your beneficiaries quite a bit down the road if the documents end up containing mistakes that make them invalid. An attorney can help you look at the bigger picture – so important details don’t fall through the cracks when they matter most.
Frequently asked questions
Do I need an attorney to create an estate plan?
Not everyone needs an attorney, but many people benefit from working with one. If your family or financial situation is complex – or if you’re unsure which documents you need – an attorney can help ensure your estate plan is legally sound and tailored to your needs.
When is a DIY estate plan not a good idea?
DIY estate planning documents may not be appropriate if you have a blended family, own property in more than one state, operate a business or want to distribute assets among multiple beneficiaries. In these situations, small mistakes can lead to big problems later.
Is estate planning only for people with a lot of money?
No. Estate planning is about protecting your wishes and loved ones, not just your assets. Even people with modest estates can benefit from having the right documents in place, especially when family dynamics or caregiving responsibilities are involved.
Can an attorney help me decide if I need a trust?
Yes. An estate planning attorney can review your situation and explain whether a trust may help you avoid probate, manage assets for loved ones or provide additional control over how your estate is handled.
Are online estate planning documents legally valid?
Online documents may be legally valid if they comply with your state’s laws, but errors or missing language can cause problems. Having an attorney review DIY documents can help confirm they meet legal requirements and work as intended.
What documents are typically included in an estate plan?
An estate plan often includes a will, medical power of attorney and health care power of attorney. Some people may also benefit from trusts or other planning tools depending on their circumstances.
What happens if my estate planning documents are incorrect or incomplete?
Incorrect or incomplete documents can lead to delays, added costs or confusion for your loved ones. In some cases, mistakes may cause documents to be challenged or considered invalid, which is why professional guidance can be valuable.
How can an attorney help protect my loved ones?
An attorney helps ensure your estate plan works as a complete strategy. This can reduce uncertainty, prevent conflicts and protect your family from unnecessary legal or financial stress after you’re gone.