DIY Will or Trust vs. Hiring an Attorney

Updated August 26, 2026 · About 8 minutes · Educational only — not legal advice

This page is a complexity screen, not a ranking. It is for a family deciding whether a simple online will or living-trust kit is enough, or whether the facts belong with a trusts-and-estates attorney. Read the two “when” lists, then take the free quiz. If you are still choosing the document type, start with will vs. living trust.

Disclaimer

EstatePlanWise is not a law firm and does not provide legal advice. This page is educational. A will or trust is only as good as your state’s signing rules, your facts, and — for a trust — whether you actually retitle assets into it. Use a qualified estate-planning attorney for anything beyond a simple DIY will or trust.

EstatePlanWise may earn a commission if you use our Trust & Will or LegalZoom links. Those relationships are disclosed here and on our affiliate disclosure. We do not invent star ratings, rankings, commission rates, or attorney fees.

DIY vs. attorney is a complexity screen, not a quality ranking

An online kit is not “worse” than a lawyer, and a lawyer is not automatically “better.” They solve different problems. A standard form can name an executor, a guardian, and who inherits if your facts fit the form. A lawyer drafts around facts the form cannot see: a second marriage, a child on public benefits, a shop or LLC, a house in another state, or a tax that actually applies to you.

Treat this as a screen. If every DIY condition below is true, a state-specific online will or living-trust kit can be a reasonable starting point. If any attorney condition is true, skip checkout and hire counsel. The quiz at the end applies the same screen.

Question Simple DIY kit Trusts-and-estates attorney
What it is for A straightforward, one-state plan that matches a standard form Facts a form cannot safely guess
Family No blended-family competing claims; no special-needs beneficiary Blended family, contest risk, or a beneficiary on public benefits
Property and work Home and accounts in one state; no business to pass on Property in more than one state, or a business, partnership, or LLC
If you use a trust You will actually fund it — retitle the house and accounts Funding, titling, or tax questions that need a lawyer’s checklist
This is not A star rating or a “best software” pick A claim that every family must hire counsel

When a simple DIY will or trust is enough

A do-it-yourself will — or a living trust plus a will — can be enough when all of the following are true:

A will is often the lighter DIY starting point if you are willing to accept probate in that one state. A funded living trust is the better DIY path when probate or privacy is the problem you actually care about — and you will do the retitling. That document choice is on Will vs. Living Trust. Either way, you still need state-correct signing, a healthcare directive, and a durable power of attorney. Take the free quiz before you buy — no email required to see your recommendation; email is required to unlock the checklist and DIY provider links.

When to hire a trusts-and-estates attorney

Skip DIY checkout and hire a qualified trusts-and-estates attorney when any of these apply:

Those facts need custom language, not a longer online questionnaire. Attorney fees are set by the lawyer you hire. We do not publish a fake “average attorney fee,” and we do not rank lawyers. Search the ACTEC Find a Lawyer directory, or contact EstatePlanWise if you have a question about this page. We are an educational publisher, not an attorney-matching service.

An unfunded living trust still probates leftovers

Signing a living-trust booklet does not move the house. If the deed still lists you individually, that house is still a probate asset. The same is true of a bank or brokerage account that was never retitled, and of the car you bought the year after you signed.

A funded-trust plan is a trust plus a will, not a trust instead of a will. The backup document is a pour-over will: leftovers still go through probate, then “pour” into the trust. An empty trust does not avoid that file. If you will not retitle, buy a will instead of a trust kit. If you will fund, read How to Fund Your Living Trust before you pay — then keep funding when you buy the next asset.

Federal numbers (2026)

The federal basic exclusion amount for 2026 is $15,000,000 per person. Source: IRS What’s New — Estate and gift tax (Pub. L. 119-21). Being under that federal number is not the same as being under your state’s number. Some states tax estates far below $15 million. We do not invent those state figures here; check your state’s current threshold, or ask a local attorney if you might be close.

If a simple kit still fits

If the DIY list above describes you, published living-trust kit list prices are on How much a revocable living trust costs. The fuller will-and-trust side-by-side is on Trust & Will vs. LegalZoom. Those pages are list-price comparisons, not star ratings. If you use a Trust & Will or LegalZoom link on this site, EstatePlanWise may earn a commission. See our affiliate disclosure.

Trust & Will (affiliate): Individual Will · Trust plan. LegalZoom (affiliate): Will · Living trust.

If the attorney list describes you, use the ACTEC Find a Lawyer directory rather than a checkout page.

Next step: take the free quiz

Primary: take the free estate planning quiz — a short quiz, about 2 minutes. No email required to see your recommendation; email is required to unlock the checklist and DIY provider links. The quiz applies this same complexity screen.

Secondary: compare published list prices on Trust & Will vs. LegalZoom, or choose the document type on Will vs. Living Trust. If DIY does not fit, use a qualified estate-planning attorney rather than a checkout page.

Ready to choose a path?

Answer a short quiz. No email required to see your recommendation; email is required to unlock the checklist and DIY provider links.

Take the free quiz →