How to Choose an Estate Planning Attorney: 25-Point Checklist (2025)
Last updated: December 28, 2025
Choosing an estate planning attorney is one of the most important decisions you'll make for your family's future. Use this comprehensive checklist to evaluate any attorney you're considering—whether in Glendale, Los Angeles, or anywhere in California.
Print this checklist and bring it to your consultations.
Part 1: Experience & Credentials Checklist
Before scheduling a consultation, verify these basics:
Credentials to Verify
- California State Bar number provided — Look up at calbar.ca.gov to verify active status
- No disciplinary actions — Check for any public discipline on State Bar website
- Malpractice insurance — Ask if they carry professional liability coverage
- Physical office location — Avoid attorneys who only meet at coffee shops or your home
Experience Questions to Ask
- "How long have you practiced estate planning in California specifically?" — Look for 10+ years focused on estate planning
- "Is estate planning your primary practice area?" — Should be a major focus, not a sideline
- "How many living trusts have you drafted?" — Hundreds indicates experience
- "Do you also handle probate and trust administration?" — Understanding what happens later informs better planning
- "Have you handled situations similar to mine?" — Blended families, business owners, rental properties, special needs beneficiaries
Part 2: Pricing Transparency Checklist
Get clear answers on costs before committing:
Questions About Fees
- "What is your total fee for a living trust package?" — Get a specific number, not a range
- "What exactly is included in that price?" — Get an itemized list in writing
- "Are there any additional costs?" — Recording fees, additional deeds, notary fees
- "Do you prepare and record the deed to my home?" — This must be included
- "What do amendments cost if I need changes later?" — Typical: $150-$500 per amendment
2025 California Pricing Benchmarks
Use these ranges to evaluate if pricing is reasonable:
| Service | Typical Range | Red Flag If... |
|---|---|---|
| Basic living trust package | $1,500 - $3,000 | Under $500 (corners cut) or over $5,000 (overpriced) |
| Comprehensive trust package | $2,500 - $4,500 | No deed transfer included |
| Complex estate (business, real estate) | $4,000 - $8,000 | Vague "it depends" without specifics |
| Simple will only | $300 - $800 | Pressure to upgrade to trust you don't need |
Pricing Red Flags
- No red flag: Attorney provides written fee agreement before work begins
- Red flag to watch: Refuses to discuss pricing until after consultation
- Red flag to watch: Initial low quote that grows with "necessary" add-ons
- Red flag to watch: Pressure to purchase more expensive packages
Part 3: Complete Estate Plan Checklist
Verify the package includes everything you need:
Essential Documents (Must Be Included)
- Revocable Living Trust — The core document that avoids probate
- Pour-Over Will — Catches any assets not transferred to trust
- Certification of Trust — For banks and financial institutions
- Financial Power of Attorney — Allows someone to manage finances if incapacitated
- Healthcare Power of Attorney — Names who makes medical decisions
- HIPAA Authorization — Allows access to medical records
- Deed Transfer — Actually moves your home into the trust
Often Forgotten (Ask If Included)
- Trust funding instructions — Guide for transferring other assets
- Beneficiary designation review — 401k, IRA, life insurance coordination
- Digital assets provisions — Passwords, online accounts, cryptocurrency
- Pet trust provisions — If you have pets
Warning: Incomplete Plans
If an attorney's package doesn't include deed transfer, your trust won't avoid probate for your home. This is the most common—and most costly—mistake.
Part 4: Process & Communication Checklist
Evaluate how they work with clients:
Process Questions
- "Will I work directly with you, or primarily with staff?" — Know who's doing the actual work
- "How long does the process take?" — Typical: 2-4 weeks for standard trusts
- "How do you conduct consultations?" — In-person, video, or phone options
- "Will you explain the documents before I sign?" — You should understand what you're signing
- "What happens after signing?" — Ensure proper funding and follow-up
Communication Standards
- Responds to inquiries within 1-2 business days
- Explains legal concepts in plain English
- Patient with questions, never dismissive
- Provides direct contact information
Part 5: Red Flags Checklist
Watch for these warning signs:
Sales Tactics Red Flags
- "You must sign today" — Legitimate attorneys don't use urgency pressure
- "This price expires tomorrow" — Bait-and-switch tactic
- Free dinner seminars with sales pitch — Often leads to overpriced products
- Pushing life insurance or annuities — Attorneys should not sell financial products
- Fear-based selling — Excessive scary stories to push expensive options
Quality Red Flags
- Template-only approach — No customization to your situation
- Rush to sign — Quality planning takes time for discussion
- Won't provide sample documents — You should see examples before committing
- No explanation of what you're getting — If they can't explain it, that's a problem
- Deed not included — The most critical step for avoiding probate
Trust Your Instincts
- Something feels "off" — Your gut reaction matters
- Uncomfortable with pressure — Good attorneys give you time to decide
- Questions dismissed or unanswered — Every question deserves a clear answer
Part 6: After the Consultation Checklist
Before making your final decision:
Compare Your Options
- Consulted with at least 2-3 attorneys
- Received written fee quotes from each
- Compared what's included in each package
- Verified State Bar status for all candidates
Final Decision Factors
- Clear understanding of total cost
- Comfortable with the attorney personally
- Confident in their experience with your situation
- Written fee agreement provided
- Deed transfer explicitly included
Frequently Asked Questions
How much should I pay for a living trust in California?
In 2025, California living trust packages typically range from $1,500 to $4,500 depending on complexity. Prices significantly below $1,000 often indicate corner-cutting (like no deed transfer), while prices above $5,000 for straightforward situations may be excessive. Always get itemized pricing and verify that deed transfer to your home is included.
What's the most important question to ask an estate planning attorney?
Ask: "Do you prepare and record the deed to transfer my home into the trust?" This is the most commonly skipped step, and without it, your home goes through probate anyway—defeating the entire purpose. If an attorney doesn't include deed transfer or charges extra for it, consider other options.
Should I hire the cheapest estate planning attorney I can find?
Not necessarily. Extremely low prices often mean shortcuts that cost your family later: no deed transfer, template documents without customization, or no guidance on funding other assets. The cost of probate ($15,000-$50,000+ for typical estates) far exceeds any savings from a cheap trust that doesn't work properly.
How can I verify an attorney's credentials?
Visit the California State Bar website at calbar.ca.gov and search by name or bar number. Verify the attorney is "Active" with no public discipline. Also check online reviews, but remember that satisfied clients often don't leave reviews—look for patterns rather than individual comments.
Do I need a local attorney for estate planning?
A California-licensed attorney can prepare your estate plan regardless of location, but local attorneys offer advantages: familiarity with local recording offices, convenience for in-person meetings, and availability for your family when administration is needed later. Video consultations have made geography less important, but local relationships still matter.
Ready to Start Your Search?
Use this checklist when meeting with any estate planning attorney. The right attorney will welcome your questions and appreciate that you've done your research.
Looking for estate planning help in Southern California? Learn about our services or schedule a consultation.
This checklist provides general guidance for evaluating estate planning attorneys. Individual situations vary. Use this as a starting point for your research, not as legal advice.
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Written by Rozsa Gyene, Esq.
California State Bar #208356 | 25+ Years Probate & Estate Experience
Last Updated: November 28, 2025
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The Law Offices of Rozsa Gyene provides expert estate planning, probate, and trust administration services across Southern California. Whether your case is handled at the Stanley Mosk Courthouse in Los Angeles or the Anacapa Division in Santa Barbara, we ensure your family's legacy is protected.
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