Estate Planning vs. Probate: Do You Need Different Lawyers?
You have spent decades building your life, investing in your retirement, and raising your kids. If you are like many married professionals in the Denver metro area, you know you need to secure your family's future. Yet, life gets busy. Maybe you have been meaning to create a plan, or perhaps your current documents are pushing five or six years old and need an update.
When you start thinking about the future, you will inevitably run into two terms: estate planning and probate. A common question we hear is whether you need to hire different attorneys to handle these two areas. The short answer is no, you do not necessarily need different lawyers. However, the choice you make now can heavily impact your family later.

Here is what you need to know about how these two legal areas connect, and how to find the right guide for your family's legal journey.
Understanding the Two Halves of the Journey
To understand why the choice of an attorney matters, consider how estate planning and probate differ. Think of them as two sides of the same coin. One happens while you are here to make decisions, and the other happens after you are gone.
Estate planning is the proactive side. This is when you work with a professional to map out exactly what should happen to your assets, your healthcare, and your minor children if something happens to you. You create documents like wills, trusts, and powers of attorney. You do this to protect your family and keep them out of court.
Probate, on the other hand, is the reactive side. It is the formal court-supervised process that winds down a person’s estate after they pass away. During probate, a court wraps up your finances, pays off any remaining debts, and distributes what is left to your heirs.
The Benefits of Having One Attorney for Both
Many families prefer to have the same attorney handle both pieces of the puzzle. When the lawyer who drafted your original plan also handles the administration of your estate later, it creates a seamless transition for your loved ones.
First, that lawyer already knows your plan inside and out. They understand your family dynamics, your financial landscape, and the specific goals you want to achieve. They stood by the plan when they created it, and they will stand by it when it is time to put it into action.
Second, life is rarely entirely predictable. If unexpected challenges arise during the estate administration process, the original drafting attorney is often better equipped to address them. They know the intent behind every sentence in your documents, which helps them resolve disputes or complications quickly.
Why Some Lawyers Only Do One or the Other
Even though using a single attorney is highly efficient, you cannot assume that every lawyer handles both areas. The legal world is specialized, and attorneys choose their paths based on the type of work they enjoy.
Some lawyers choose to focus exclusively on estate planning. They enjoy the counseling side of the law, meeting with families in comfortable offices, and designing custom strategies. Many of these attorneys chose estate planning specifically because they do not want to deal with the stress and strict timelines of the court system.
On the flip side, some attorneys focus entirely on probate litigation and administration. They spend their days navigating courtrooms, filing petitions, and dealing with judges. If you hire a planning-only attorney, your family will have to search for a brand-new lawyer to guide them through the court process during an already emotional time.
What This Means for Your Family
If you want a single, trusted advisor who can guide your family from the initial planning stages all the way through the final administration, you must do your homework. You need to make sure the firm you choose actively practices both disciplines.
When you sit down with an estate planning attorney, ask them directly about their probate practice. Do they regularly represent personal representatives in court? Will they be there to hold your spouse's or children’s hands through the administration process?
Choosing a full-service firm ensures that your plan is not just good on paper, but that it actually works when your family needs it most. It gives you the peace of mind that your family will not be left scrambling to find a stranger to navigate the Denver court system alone.
Taking the Next Step for Peace of Mind
Your wealth, your retirement savings, and your family are too important to leave to chance. If your current estate plan is more than five years old, or if you have never created one, now is the time to act.
At The McKenzie Law Firm, LLC, we help families create comprehensive plans and guide them through estate administration when the time comes. We invite you to schedule a consultation with our team to review your current situation and build a lasting plan. Call us at 720-821-7604 to get started.
The McKenzie Law Firm, LLC practices law exclusively in Colorado. This post is for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney regarding your specific situation.
