Probate Attorney vs. Estate Planner: What’s the Difference?

The most significant difference between a probate attorney and an estate planner lies in when they step in. Estate planners help people before they pass away, focusing on creating a plan that outlines how assets should be managed and distributed. They work with clients to draft wills, trusts, powers of attorney, and healthcare directives. Probate attorneys, on the other hand, typically get involved after someone dies. Their job is to guide the executor or family through the probate court process to settle the estate according to the will—or state laws, if no will exists. 

Estate Planner’s Role: Protecting Your Legacy 
An estate planner’s goal is to make things easier for your loved ones by setting up a solid plan in advance. They help you organize your finances, reduce estate taxes, and create clear instructions for handling your assets. Estate planners can also set up trusts to avoid probate altogether, protect assets from creditors, or ensure special needs family members are cared for. Their job is all about prevention—helping you avoid the legal messes that often land people in probate court in the first place.

Probate Attorney’s Role: Settling the Estate 
When someone dies, their estate often needs to go through probate—the legal process of validating the will, paying off debts, and distributing assets. This is where a Two Spruce Law comes in. They represent the executor or administrator of the estate, helping them fulfill their legal duties. This includes filing court documents, communicating with creditors, addressing any will contests, and ensuring everything is done according to state law. Without a probate attorney, the process can be overwhelming, especially for first-time executors or when conflicts arise among heirs. 

Overlap Between the Two Roles 
While probate attorneys and estate planners typically focus on different phases of the estate process, there’s often some overlap. Many estate planning attorneys also handle probate cases, and some probate lawyers help clients set up their estate plans to prevent issues later. If you work with a lawyer who does both, you get a seamless transition from planning to execution. This continuity can be helpful for families who want ongoing legal support before and after a loved one passes away. 

Which One Do You Need? 
If you’re planning ahead and want to ensure your wishes are followed, reduce taxes, and avoid court, you need an estate planner. But if someone has already passed away and their estate needs to be settled—especially if there’s a will or family conflict involved—you need a probate attorney. In some cases, you may need both: one to set up the plan, and another to help carry it out when the time comes. Knowing who to call at the right time makes a big difference in reducing stress and ensuring the process runs smoothly.