How to Become an Estate Attorney

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: June 17, 2020 References

As an estate attorney, also called an estate planning or probate lawyer, you're responsible for assisting your clients in settling their financial affairs before they die. You will also administer clients' estates according to their will and/or their revocable living trust. An estate planning attorney puts best effort to ensure that your property and health care wishes are honored, and that your loved ones are provided for in your absence. Estate law is related to family law and you will often have to work closely with related individuals who are involved in an estate. As an estate lawyer, you will need to help your clients reduce taxes or fees imposed on an estate and you may also help your clients organize their retirement plans, life insurance policies and charitable contributions.^{[1]
X
Research source}

Part 1

Part 1 of 2:

Getting the Necessary Education

1
Understand the skills needed to be an estate lawyer. The primary focus of estate lawyers is to prepare and review legal documents for an estate, negotiate any terms or conditions, and facilitate the transfer of titles within an estate. A person's estate is their net worth at any given time. A person's net worth consists of the person's assets (property, legal rights, interest) minus their liabilities. Your role as an estate lawyer is to help you client plan for the disposal of their estate as well as any wills, trusts, or power of attorney agreements. You will need to help your clients draft their wills, trusts, and any other estate planning documents.^{[2]
X
Research source}
- A good estate lawyer will have strong analytical and verbal/written skills, as well as a broad understanding of the law and good communication skills. You will need to collaborate with financial managers and insurance specialists, so if you have financial knowledge like how to manage a balance sheet, you can better assist your clients with estate planning. Staying up to date with ever changing tax laws will also help you better serve your clients. You may also have to handle multiple cases, documents, and clients at a time so you should have good time management and organizational skills.
- Many estate lawyers work long hours as they must serve the various needs of their clients. The average salary for an estate lawyer is $65,000 - $70,000. However, your salary depends on how much you charge your client per hour and your job experience. If you work at a large firm or become a partner at a large firm, your pay could increase.^{[3]
  X
  Research source} If you are self-employed and working in estate planning, you may have a higher earning potential of around $95,000. You can also work for a foundation or trust, which could lead to a higher median income of $91,000 per year.^{[4]
  X
  Research source}
2
Apply to law school. You will need to complete a bachelor's degree (4 year degree) from an accredited college or university before you attend law school. Most pre-law students obtain bachelor's degrees in political science, psychology, or sociology.
- It is important to keep your GPA high (preferably 3.5 and above) to be a competitive applicant.
- It is also wise to build strong positive relationships with your professors so you can ask them for letters of recommendation to include with your law school applications.
- The Law School Admissions Test (LSAT) is the most important part of your application. You should study to score well on the exam to increase your chances of acceptance.
Advertisement
3
Attend law school and pass your state's bar exam. You will need to attend law school and earn your Juris Doctor degree. If possible, attend a law school that offers an estate attorney clinical program.You will then need to pass your state's bar exam to practice law in your state. Most state bar exams require extensive knowledge of the legal system, with written examinations covering both the law and ethics.^{[5]
X
Research source}
- During your law degree in estate law, you will likely take classes on asset management, estate planning, family law, taxation, real estate law, and trusts.^{[6]
  X
  Research source}
- Your law school may also offer certificates or masters of law degrees (LLM) in estate planning or taxation. These certificates will require an additional one to two years of coursework, but they will give you extensive knowledge in estate planning and taxation.^{[7]
  X
  Research source}
- Most estate lawyers learn advanced estate planning knowledge through mentorships, internships, and on the job experience.
4
Become well versed in the Uniform Probate Code. The Uniform Probate Code imposes rules and limits on wills, trusts, and other legal documents of an estate. All 50 states in the United States have adopted laws that govern many of the key aspects of estate planning and probate.^{[8]
X
Research source} As an estate lawyer, you will be involved in many probate processes for clients and should have extensive knowledge of the Uniform Probate Code in your state. The probate laws in your state will guide you on specific estate related matters, such as the creation of trusts and the legal validity of wills.
- The first step in the legal process of administering a person's estate is the receipt of probate. The probate process is the legal process of transferring property in the event of a person's death. As an estate lawyer, you will represent your client in probate court to facilitate the approval of your client's will. Once the probated will is recognized as a legal document, it can be enforced and carried out.^{[9]
  X
  Research source}
- Each state has its own set of probate laws and codes, based on the Uniform Probate Code. Look up the probate laws for your state here.

Part 2

Part 2 of 2:

Starting Your Career

1
Conduct informational interviews. Informational interviews are a great way to learn more about your chosen career path from other people's experiences. They are exploratory conversations with people who are in your career field that last about 30 minutes. While some estate attorneys work in large firms that want to provide comprehensive service for their clients, most work in small specialized practices of 5 attorneys or less, leading to different experiences. Getting to know these types of details will help you develop a better sense of what your future career may look like.
2
Gain experience through an internship or mentorship. Internships and mentorships will help to prepare you better for the steep learning curve you'll experience during your early years as an estate attorney. Many law schools have work study programs that can give you hands on experience with the guidance of a mentor who is currently practicing real estate law. You can also look into mentorship programs in your city or state that focus on placing current real estate law students in a temporary position at a firm.^{[10]
X
Research source} An internship or mentorship can also be a great opportunity to network with practicing lawyers and could lead to prospective positions at a firm or company upon graduation.
- Speak to your advisor at your law school for more information on possible internships or mentorships during your degree. If you have already graduated from law school and have passed the bar exam, reach out to your former professors or peers for potential internship or mentorship opportunities in your state or area.
3
Join a professional association. Look up an estate law association in your area or a national organization, such as the National Association of Estate Planners and Councils (NAEPC).^{[11]
X
Research source} These associations can provide good opportunities to meet and network with other practicing estate lawyers. It may also lead to potential jobs or contacts that could expand your client base. Many of these professional associations also provide information on the latest developments in estate law and strategies to best serve your clients.
- Some associations require a membership fee to join, such as the NAEPC, and some associations are by invitation only, such as the American Association of Trust, Estate, and Elder Law Attorneys (AATEELA).^{[12]
  X
  Research source} In order to join an invitation only association, you will need to provide professional references, and make a strong contribution to the field of estate law by lecturing, writing, or conducting continuing education courses on estate law.
4
Take an estate law specialist course. If you are looking to expand your current knowledge to make yourself a more desirable candidate in the industry, consider taking an estate law specialist course. Often, to take these courses, you will need five years or more of estate planning experience, recommendations from your colleagues and you will need to pass a comprehensive exam to show you have a certain level of knowledge in estate planning.^{[13]
X
Research source}
- These courses can give you a more well rounded resume and strengthen your existing knowledge of estate law.