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If you’re preparing an estate plan, you may wonder whether you can deduct the legal fees from your taxes. The short answer: most estate planning fees are no longer tax-deductible—but there are a few exceptions worth knowing.
What the IRS Says About Estate Planning Deductions
Before 2018, some estate planning costs were considered miscellaneous itemized deductions, and certain fees could be written off. However, the Tax Cuts and Jobs Act (TCJA) changed that.
From 2018 through at least 2025, the TCJA eliminated miscellaneous itemized deductions, including many legal fees.
As a result, most estate planning fees are not deductible under current federal tax law.
What Estate Planning Costs Might Still Be Deductible?
While the act of creating a will or trust is personal and not deductible, certain fees related to managing or preserving income-producing assets may still qualify.
Possible Exceptions:
- Fees related to tax planning
- Costs associated with managing assets held for investment
- Trust administration fees, after the grantor’s death
These must be clearly separated from personal legal services and meet IRS criteria. Even then, deductions are limited and often scrutinized.
If your estate plan includes ongoing trust management, investment advice, or business succession planning, it may be worth checking with a CPA or tax attorney to see if a portion of your fees qualify.
What About Georgia State Taxes?
Georgia follows federal rules when it comes to itemized deductions. So, if a fee isn’t deductible federally, it’s not deductible on your Georgia return either.
Bottom Line: Don’t Count on a Deduction
Most of the time, estate planning is a personal expense and not deductible. While there are narrow exceptions—mostly related to trusts or tax-specific advice—they don’t apply to the typical Will or revocable living trust.
Still, estate planning remains a smart long-term investment to protect your assets, your family, and your wishes—even if it doesn’t come with a tax break.
Need Help with Estate Planning in Georgia?
At Hurban Law, LLC, we provide clear, customized estate planning for Georgia residents. Whether you’re starting fresh or updating an existing plan, we’ll help you make confident, informed decisions—no guesswork, no surprises.
Contact us today to schedule a consultation.
