Top Estate Planning Lawyers in Memphis

What an estate planning lawyer actually does

An estate planning lawyer turns your wishes into documents the law will follow. The core package is usually a will, a durable power of attorney for finances, an advance directive and healthcare power of attorney, and often a revocable living trust to keep assets out of probate. A good plan also names guardians for minor children, coordinates with your beneficiary designations on retirement accounts and life insurance, and plans for incapacity — not just death. If you own a business, real estate, or property in more than one state, the plan gets more involved, and that's exactly when careful drafting saves your family money and conflict.

Tennessee's tax-friendly backdrop

Estate planning in Tennessee is simpler on the tax side than in many states. Tennessee repealed its state inheritance and estate tax (fully phased out by 2016), and it has no state income tax after the Hall tax on investment income ended in 2021. For the vast majority of Memphis families, that means no state-level estate tax to plan around. The real goals are practical: avoiding probate, keeping your affairs private, making sure someone you trust can act for you if you're incapacitated, and naming guardians for your kids. Federal estate tax only affects very large estates.

What it takes to make a valid will in Tennessee

Tennessee law (Tennessee Code Annotated section 32-1-104) requires a will to be in writing, signed by you, and witnessed by two people who sign in your presence. Tennessee does recognize handwritten (holographic) wills in narrow circumstances, but relying on one is risky — they're easy to challenge. A lawyer makes sure the will is executed correctly, names an executor, and works together with your non-probate assets like retirement accounts and payable-on-death accounts, which pass outside the will and often surprise families who thought the will controlled everything.

How Memphis probate works

When a Memphis resident dies, their estate is usually settled in the Shelby County Probate Court. Probate validates the will, appoints the executor (called a personal representative), pays debts and taxes, and distributes what's left. Tennessee offers a simplified small-estate process for modest estates, which is faster and cheaper. The most common way Memphis families avoid probate altogether is a revocable living trust, which can speed distribution and keep the details private. Your lawyer will tell you honestly whether a trust is worth it for your situation or whether a solid will and beneficiary designations are enough.

What estate planning costs in Memphis

A simple will in Memphis is often a flat $300 to $1,000. A full estate plan — will, durable power of attorney, advance directive, and a revocable living trust — commonly runs $1,500 to $4,000 flat, more for larger or blended-family estates. Some lawyers bill hourly at Tennessee rates of roughly $250 to $450. Ask each firm whether your plan is flat-fee, what's included, and whether they help you actually fund the trust afterward — an unfunded trust does nothing. Settling an estate through Shelby County probate later is a separate cost, billed hourly or as a percentage.