The Real Cost of Hiring an Attorney for Your Will

Attorney fees for wills typically range from $300 to $1,000 for a simple will, with the national average around $375. Costs vary based on several factors:

Many estate planning attorneys offer free initial consultations (typically 30-45 minutes) to discuss your needs and provide a fee quote before you commit.

Most attorneys use one of three billing methods for will preparation:

• Flat Fee: One-time charge for the entire will (most common)

• Hourly Rate: $150-$400 per hour depending on location and experience

• Package Deal: Bundle of documents including will, power of attorney, and healthcare directives

The peace of mind that comes from a properly drafted will is invaluable, but understanding the costs upfront helps you budget appropriately for this essential document.

I'm Marty Burbank, an estate planning attorney with over 25 years of experience helping families steer attorney fees for wills and creating comprehensive estate plans that protect their legacy and loved ones. Through my work at OC Elder Law, I've guided thousands of clients through the will creation process with transparent, reasonable fees.

Why Do Will Costs Swing So Much?

Ever wonder why the price of getting a will written can range from a few hundred dollars to well over a thousand? When clients call our office asking about attorney fees for wills, they're often surprised by the wide range of quotes they've received. This variation isn't random—it reflects several important factors that influence what you'll pay for professional help securing your legacy.

Geography & Market Rates

Just like real estate, location matters tremendously when it comes to attorney fees for wills. The cost of living and competitive landscape in your area directly impact what attorneys charge.

Here in Orange County, we've observed significant regional differences. Attorneys in downtown Los Angeles typically charge $300-400+ per hour or flat fees starting at $500 for even basic wills. Move to suburban areas like Fullerton (where our main office is located), and you'll often find more moderate pricing—typically 10-20% lower than major metropolitan centers. Rural communities generally offer the most affordable rates, sometimes 30-50% less than big cities.

One silver lining from the pandemic has been the rise of remote consultations. Many clients now connect with attorneys in lower-cost regions via video calls, potentially saving hundreds on their estate planning documents while getting the same quality service.

As Maryland attorney Jeremy D. Rachlin wisely notes: "As a consumer myself, I want to know at the outset what [a will] is going to cost." This transparency is something we prioritize at OC Elder Law, regardless of regional market pressures.

Estate Complexity & Family Dynamics

Your personal situation dramatically impacts what you'll pay for will preparation. A straightforward will for a single person with minimal assets naturally costs less than one addressing complicated family dynamics or significant wealth.

Attorney fees for wills increase when your situation includes elements like minor children requiring guardianship provisions, blended families from second marriages, special needs beneficiaries who need protection of government benefits, business ownership interests requiring succession planning, multiple properties across different states, or potential family conflicts that need preventative language.

One client recently told us after her consultation: "I thought I needed a simple will until we discussed my son's disability benefits. I'm grateful the attorney identified this complexity before I ended up with an inadequate document." This perfectly illustrates why cookie-cutter approaches often fall short—and why specialized expertise, though it may cost more upfront, provides tremendous value.

Lawyer Credentials & Firm Size

The experience level of your attorney and the size of their practice significantly impact what you'll pay. Newly licensed attorneys might charge $150-200 per hour or flat fees starting around $300, while experienced specialists with 10+ years focusing on estate planning might charge $300-400+ hourly or flat fees starting at $500-700. Board-certified specialists in estate planning command premium rates, often 20-30% higher than non-specialists.

The type of firm you choose also affects pricing:

Solo practitioners typically have lower overhead costs and can often offer more competitive rates. Mid-sized firms like OC Elder Law balance reasonable fees with specialized expertise and support staff. Large law firms with impressive offices in high-rent districts generally charge the highest fees, sometimes 50-100% more than smaller firms for essentially the same documents.

When comparing quotes, the lowest price isn't always the best value. An experienced attorney who charges more may actually save you money in the long run by preventing costly mistakes and anticipating issues that less experienced lawyers might miss. As we often tell clients, "The most expensive will is the one that doesn't work when your family needs it most."

Attorney Fees for Wills: Flat vs. Hourly vs. Packages

When it comes to paying for your will, the pricing model can significantly impact both your wallet and your experience. Understanding these different approaches will help you make a smart choice that fits your situation and budget.

Flat-Fee Attorney Fees for Wills

Most attorneys offer wills for a single, straightforward price—and for good reason. According to our experience and industry research, attorney fees for wills on a flat-fee basis typically fall into these ranges:

• $300-500 for a basic individual will

• $500-750 for matching "mirror" wills for couples

• $700-1,200 for wills with specialized provisions

"Most wills are straightforward enough for fixed-fee pricing," explains a colleague of mine in Florida. This approach brings peace of mind since you'll know exactly what you're paying from the start. No surprise bills. No watching the clock during our conversations. You can freely ask questions without worrying about running up charges.

At OC Elder Law, we prefer flat fees for most will preparations because it creates a more comfortable relationship with our clients. Many attorneys feel the same way—as one survey participant noted, "A flat fee arrangement lets everyone relax and makes for a better attorney-client relationship."

We can offer these predictable fees because we've developed efficient systems, including libraries of well-crafted clauses that we customize for each client's unique situation.

Hourly-Rate Attorney Fees for Wills

For more complex estates, some attorneys (including sometimes ourselves) charge by the hour instead. Typical attorney fees for wills on an hourly basis range from:

$150-250 for newer attorneys or those in smaller markets, while $250-350 is common for experienced attorneys in moderate-cost regions. In high-cost metropolitan areas, specialists often charge $350-450+ per hour.

Here's something many people don't realize: attorneys typically bill in six-minute increments (one-tenth of an hour). This means even a brief phone call might be recorded as six minutes of billable time.

As one candid industry expert put it, "Lawyers don't like keeping track of their 'billable hours' any more than clients like paying for all those six-minute intervals."

Hourly billing usually involves paying an initial retainer (typically $1,000-2,500) that we draw from as work progresses. Any unused portion comes back to you when your will is completed.

Should You Spring for a Full Estate-Planning Package?

Many clients come to us at OC Elder Law thinking they just need a will, but leave with a comprehensive package that addresses their entire estate plan. These bundles typically range from $1,000-1,500 for individuals and $1,500-2,500 for couples.

While this represents a higher initial investment, these packages deliver tremendous value by including essential documents like a Durable Power of Attorney for financial matters, an Advance Healthcare Directive (living will), HIPAA Authorization for medical information access, a document outlining your final arrangements, and helpful asset inventory forms.

One client recently told me after choosing our package, "I came in for a will but realized I needed the whole package. Having everything prepared at once actually saved me money compared to adding documents piecemeal later."

For most families, these comprehensive packages represent the best value, especially when you consider the Basic Will Costs: What You Need to Know in context with your overall Estate Planning Attorney needs.

How Much Should You Budget? State-by-State Snapshots

When clients sit down with me to discuss their estate planning needs, one of the first questions is usually about cost. The truth is, attorney fees for wills vary dramatically depending on where you live. Let's take a cross-country tour to see what you might expect to pay in different regions.

High-Cost States & Metro Areas

If you call one of America's major metropolitan areas home, your budget for estate planning will need to be a bit more generous:

Washington D.C. holds the crown for the highest average attorney rates nationwide at a whopping $448 per hour. Even a basic will typically starts at $500-600 here. One of my colleagues in D.C. jokes that "the closer you are to Capitol Hill, the more zeros appear on your legal bill."

New York presents a tale of two markets. In Manhattan, expect to pay premium prices – typically $1,500-2,500 for basic estate planning documents. However, drive a few hours upstate to Rochester or Buffalo, and those same services might cost 30-40% less. The skyline isn't the only thing that's liftd in NYC!

Here in California, particularly in Orange County where OC Elder Law is based, simple wills typically start around $500 for individuals and $750 for couples. Comprehensive packages that include powers of attorney and healthcare directives range from $1,500-3,000. The 2023 Clio Legal Trends Report confirms these areas consistently show the highest attorney fees for wills, reflecting both the higher cost of living and competitive legal markets.

Moderate-Cost Regions

The middle of the country often means middle-of-the-road pricing:

Florida attorneys typically charge $1,200-2,000 for basic estate planning services, with simple wills starting around $400-600. Florida actually has specific statutory rules requiring attorneys to disclose their fee structure for probate matters, though will preparation itself isn't subject to these regulations.

Texas offers surprisingly varied pricing. In Houston or Dallas, expect to pay $1,000-2,000 for comprehensive planning, with standalone wills in the $350-700 range. However, venture into the smaller communities, and prices can drop significantly.

Throughout the Midwest states like Ohio and Illinois, simple wills typically range from $300-600, with full estate plans between $800-1,500. As one client from Chicago told me, "I was pleasantly surprised that getting my will done didn't cost as much as I feared – it was about the same as a nice weekend getaway, but with much longer-lasting benefits!"

Budget-Friendly Options

Some regions offer more affordable options for quality legal help:

Indiana boasts the lowest average attorney rates in the country at $201 per hour, with will preparation often available for $250-400. A client who relocated from California to Indiana told me she paid less than half what she expected for her updated will.

Rural markets across America typically offer significant savings. Small-town attorneys may charge 30-50% less than their urban counterparts. The trade-off? You might have fewer specialists to choose from, though many general practitioners in smaller communities have solid estate planning experience.

The rise of remote drafting services has been a game-changer for budget-conscious clients. Some attorneys now offer virtual services at reduced rates, allowing you to work with a lawyer in a lower-cost region regardless of where you live. According to the latest research on attorney hourly rates, this trend has helped make quality legal services more accessible.

At OC Elder Law, we recognize that these regional differences can be confusing. That's why we offer clear, upfront pricing information during your initial consultation, so there are never any surprises. While our rates reflect the California market, we strive to provide exceptional value through our depth of experience and personalized service.

Hidden & Ongoing Costs You Might Miss

When budgeting for attorney fees for wills, many clients focus solely on the initial cost of drafting. However, creating a will is often just the beginning of your estate planning journey, and several other expenses may emerge along the way.

Updating a Will vs. Starting Fresh

Life rarely stands still, and your estate plan shouldn't either. Major life events often necessitate updates to your will, including marriage, divorce, having children, moving to a new state, or experiencing significant changes in your financial situation.

For minor changes, attorneys typically use a document called a codicil – essentially an amendment to your existing will. These updates are generally more affordable than creating an entirely new document, with attorney fees for will amendments typically ranging from $150-250 for simple changes and $250-400 for more complex modifications.

"While codicils can be cost-effective for small changes, they're not always the best solution," explains Marty Burbank of OC Elder Law. "When we meet with clients for reviews, we often find that if changes exceed about 25% of the document, creating a fresh will provides cleaner documentation and reduces the risk of interpretation issues down the road."

This is especially true if you've already amended your will multiple times – having a primary document with several codicils can potentially create confusion for your loved ones and the courts.

Post-Death Expenses

Many clients are surprised to learn that attorney fees for wills represent just a fraction of the potential legal expenses their estate might incur. After death, several significant costs typically emerge:

Probate attorney fees can be substantial, particularly in states with statutory fee schedules. In California, for instance, probate fees are calculated based on the gross value of the estate – not the net value after debts. This means a $500,000 home with a $475,000 mortgage would still incur probate fees based on the full $500,000 value, not just the $25,000 of equity.

The California statutory schedule sets fees at 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and 1% on the next $9 million. These percentages may seem small, but they add up quickly.

Court filing fees typically range from $150-550 depending on your state, while executor compensation often equals attorney fees in many jurisdictions. Property appraisals for the estate can add another $300-600.

As one client shared after going through probate: "I wish I'd known about these costs beforehand. We could have structured things differently to avoid some of these expenses."

Add-On Documents & Emergency Calls

Estate planning sometimes requires services beyond standard office consultations, and these can increase your overall costs:

House calls or hospital visits often come with a premium of $100-300 extra, as attorneys must travel and potentially work outside normal business hours. Notarization fees may add $10-50 per document if not included in your package. Expedited drafting for urgent situations might incur rush fees of $200-500.

Some firms also charge for document storage or emergency access to your documents, though at OC Elder Law, we include secure digital storage as part of our service at no additional cost.

"We understand that estate planning often happens during challenging times," notes Burbank. "That's why we're always transparent about potential add-on costs upfront, so clients aren't caught off guard by unexpected charges."

Being aware of these potential hidden costs allows you to plan more effectively and potentially take steps to minimize them. For many families, investing in more comprehensive estate planning upfront – perhaps including trusts that avoid probate – can actually save significant money in the long run, despite the higher initial investment.

Saving Money Without Sacrificing Protection

While attorney fees for wills represent an important investment in your family's future, there are legitimate ways to reduce costs without compromising quality. At OC Elder Law, we believe everyone deserves proper estate planning, regardless of budget constraints.

When a DIY Will Works

In limited circumstances, a do-it-yourself approach might be appropriate. If you're single with minimal assets and no dependents, a DIY will could be a starting point. Similarly, if you have a very simple estate with obvious beneficiaries and you're comfortable researching your state's legal requirements, you might consider this route.

DIY options range from completely free handwritten (holographic) wills—though these aren't valid in all states—to basic templates costing $8-50. Online will-making services typically run $50-300, with most hovering around $160.

"A holographic will might work if you're a single minimalist with no dependents," as one estate planning expert puts it. However, even in these straightforward situations, having an attorney review your DIY document (typically $150-300) provides valuable peace of mind. Think of it as an insurance policy against costly mistakes.

When You Really Need an Attorney

Despite the appeal of DIY savings, certain situations absolutely warrant professional attorney fees for wills. If you have minor children needing guardianship provisions, you're in a blended family, or you own a business, professional help is crucial.

Similarly, if you want to disinherit someone who would otherwise inherit under state law, have a beneficiary with special needs or addiction issues, own property in multiple states, or anticipate your will might be contested, an attorney is non-negotiable.

Maryland attorney Jeremy D. Rachlin puts it plainly: "Lacking legal expertise is the main disadvantage of producing your own will." The savings from DIY solutions quickly evaporate when problems arise. We've seen contested DIY wills cost families tens of thousands in legal fees while simultaneously tearing them apart emotionally—precisely what a good will should prevent.

Smart Cost-Cutting Moves

At OC Elder Law, we recommend several strategies to minimize attorney fees for wills while ensuring quality protection for your family.

Do your homework before meeting with an attorney. Completing an asset inventory ahead of time can save considerable billable hours. One client shared: "I prepared all my asset information before meeting with the attorney. She said I saved her at least an hour of work, which she passed on as a discount."

Ask for a flat fee whenever possible for price certainty. Bundle documents into comprehensive packages, which usually offer better value than à la carte services. Compare options by consulting with 2-3 attorneys to understand pricing differences and service variations.

Consider timing your estate planning, as some attorneys offer seasonal discounts or special rates for first responders, veterans, or seniors. Look into legal insurance through your employer, as many plans cover basic will preparation. For those with limited means, explore pro bono services through local bar associations, which often provide free services for qualifying low-income individuals.

For budget-conscious planning that doesn't sacrifice protection, check out our guide to Cheap Will Preparation. The goal isn't finding the cheapest option—it's finding the most cost-effective solution that actually protects your family and assets.

Frequently Asked Questions About Attorney Fees for Wills

People often come to us with similar questions about how much they should expect to pay for a will. Here are the most common queries we hear:

How much does a lawyer-drafted simple will cost on average?

When clients call about attorney fees for wills, I usually explain that the national average hovers around $375 for a basic individual will. But that's just an average – like home prices, it really depends on where you live and what you need.

Here in Orange County, simple wills typically run $500-700 for individuals and $750-1,000 for couples. This reflects our local market and cost of living.

One client recently told me she'd been quoted prices ranging from $300 to $1,200 for essentially the same document – which shows how much shopping around can matter. Industry surveys back this up, finding that "A simple will ordered separately from an attorney can cost $500 for an individual or $750 for a couple."

When you add complexity – like special trust provisions, business succession planning, or blended family considerations – those prices naturally climb into the $700-1,500+ range.

Are free consultations standard for will preparation?

Good news – about 58% of estate planning attorneys offer free initial consultations. These typically last around 38 minutes – just enough time to discuss your situation and get a clear picture of your needs.

At OC Elder Law, we've always believed these complimentary consultations benefit everyone. They give you a chance to make sure we're a good fit before committing, and they allow us to provide a transparent fee quote based on your specific situation.

During your consultation, don't be shy about asking questions like:

• "How long have you been drafting wills and estate plans?"

• "What exactly is included in your fee?"

• "Do you recommend any additional documents for my situation?"

• "Are there any other costs I should know about?"

A good attorney won't rush you through these questions – after all, this is about planning for your family's future.

How often should I update my will and what will it cost?

Life doesn't stand still, and neither should your will. I generally recommend reviewing your estate plan every 3-5 years, or sooner if you experience major life changes.

Think of these "trigger events" as yellow caution lights for your will – marriage, divorce, having children, losing a loved one who was named in your will, buying property in another state, or significant changes in your financial situation. Any of these should prompt a review.

As for costs, updating a will is typically less expensive than starting from scratch:

• For minor tweaks, a simple codicil (amendment) usually runs $150-400

• For major overhauls, you might need a complete rewrite, which costs similar to a new will ($300-1,000)

At our firm, we offer reduced rates for returning clients. We see it as an investment in our relationship – after all, estate planning shouldn't be a one-and-done transaction but an ongoing conversation as your life evolves.

One client recently came back after 15 years – three kids and two moves later – and was relieved to find we could update her documents for about half the cost of starting over with a new attorney who didn't know her history.

An outdated will can sometimes be worse than no will at all, especially if it names guardians who are no longer appropriate or leaves assets to people who are no longer in your life.

Conclusion

The journey to creating a will doesn't need to be mysterious or intimidating, especially when it comes to understanding the costs involved. While attorney fees for wills vary depending on where you live, how complex your situation is, and which attorney you choose, having this essential document professionally prepared provides invaluable peace of mind for you and your loved ones.

At OC Elder Law, we believe everyone deserves clear, straightforward pricing without surprises. That's why we offer transparent flat fees and take the time to explain exactly what you're paying for. Many clients tell us they appreciate knowing the full cost upfront rather than wondering if the clock is ticking during our conversations.

Our approach to estate planning is deeply personal. Founded by Marty Burbank, a proud U.S. Navy veteran, our firm was built on the principle that preserving family harmony through thoughtful planning is one of the greatest gifts you can leave behind. We've seen how proper planning prevents the heartache and family conflicts that often arise when someone passes without clear instructions.

Every family's story is unique, which is why we never use a one-size-fits-all approach. Whether you're a young parent needing guardianship provisions for your children, a business owner with succession concerns, or someone looking to protect a loved one with special needs, we tailor our services to your specific situation.

The truth is, the real cost isn't what you'll pay for a professional will—it's what your family might pay if you leave behind no will or a poorly drafted document. Legal battles over unclear wills can cost tens of thousands of dollars and tear families apart at their most vulnerable moment.

We invite you to schedule a free, no-obligation consultation at our Fullerton office to discuss your needs and receive a clear quote for our services. Our goal is simple: to make the estate planning process as straightforward and stress-free as possible while ensuring your wishes are honored and your loved ones are protected.

When you're ready to take this important step, we're here to help you create a lasting legacy of care and thoughtfulness. After all, proper estate planning isn't just about distributing assets—it's about expressing love and consideration for those who matter most to you.

Learn more about our estate planning services or contact us today to schedule your free consultation.