Inspiring a generation of attorneys to consider probate law

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By Jessica S. Ferguson

When someone hears the word “probate,” their first thought is often of criminal probation, far removed from the probate of wills. As a young attorney who grew up in rural Tennessee, I admit that the concept of wills, trusts and estates was far from my mind, and I could not imagine the enormous impact such a practice would have on my life.

This commentary continues through my work in the community — teaching basic estate planning and the probate process at local libraries and colleges. Often, members of the public do not know what happens to their assets if they die without a last will and testament and might have never even thought about it. The practice of probate is unique in that way; it is an area of law that affects everyone at some point yet is widely untaught.

The case for probate practices

From a business perspective, the practice of probate law is secure; clients will almost certainly need an estate plan, will have a loved one die, or will contest certain matters regarding an inheritance. There is a consistent need for legal services, providing a steady stream of clients. Seemingly, many lawyers in North Carolina and South Carolina who practice in probate are nearing retirement, which will leave a significant void for young practitioners to continue meeting clients’ probate needs. This, coupled with the nearing “great wealth transfer,” where an estimated $84 trillion in assets is expected to be transferred to younger generations from baby boomers, confirms the need for more probate lawyers in the Carolinas.

Probate is an intimate area of law where mortality, grief and the law intersect. The practice is much more than merely drafting documents and working through the statutory steps of a probate case. As a probate attorney, you empower clients to take control of their estates and ensure their assets are passed according to their wishes; to create an estate plan is to honor the work done by your client to build an estate, often the product of their entire working life.

A probate attorney also guides clients through times of immense grief, such as when a client loses a spouse or child, easing the burden by handling the mountains of paperwork and decisions they face. I often refer to this as “the legal stage of grief.” For those who opt to practice probate litigation, untangling estate matters while navigating family dynamics is incredibly thought-provoking and requires complex problem-solving.

Recruiting probate lawyers

Despite the importance of this area of law, there are relatively few young attorneys working in or entering this field. For example, in the Elder Law Committee, one of the smaller sections of the South Carolina Bar, we have fewer than 10 attorneys younger than 40. Further, trusts and estates will no longer appear on the bar exam’s Multistate Essay Exam beginning in 2026. Removing this area of law from the exam will cause law students to register for classes other than wills, trusts and estates, opting instead for subjects sure to be tested. This removal is baffling as, again, this area of law affects everyone.

Although probate is a less popular traditional area of law for law students and young attorneys, it is vital to the community. This field needs to be filled, and it provides young attorneys with opportunities for engaging business and stimulating casework and offers life-changing services to those in need. Helping clients navigate some of the most significant decisions of their lives is personally rewarding.

Probate law also allows attorneys to flex various legal skills, including litigation, negotiation and counseling. Young lawyers in probate develop a diverse skill set, making them more versatile and adaptable. There are also opportunities to specialize in probate practice, such as estate planning, elder law and guardianship. Young lawyers can find their niche and develop a successful practice through long-term client relationships and professional networking.

It’s an honor to walk alongside my clients facing tough choices, and I invite younger attorneys to consider this rewarding practice.

Jessica S. Ferguson practices with the estate and business planning team at the Greenville, South Carolina, office of Turner Padget and chairs the South Carolina Bar’s Elder Law Committee. She is licensed to practice in North Carolina, South Carolina and Tennessee.