The American College of Trust and Estate Counsel: An Overview

The American College of Trust and Estate Counsel (ACTEC) is a prestigious, invitation-only organization composed of experienced lawyers and law professors. ACTEC Fellows are committed to excellence in trust and estate law, and to improving the practice of trust and estate law.

History and Formation

Established in Los Angeles in 1949, ACTEC initially operated as the Probate Attorneys Association. Over time, the organization evolved, and in 1990, it officially adopted the name The American College of Trust and Estate Counsel. Further solidifying its national presence, ACTEC transitioned its national office from Los Angeles to Washington, D.C., in 2009-10, simultaneously becoming a Delaware corporation.

Mission and Purposes

ACTEC's mission is to improve the trust and estate profession through lifelong learning. It seeks to improve trust, estate, and tax laws, as well as the procedures and ethics of attorneys who work in those fields. The organization serves as a platform for estate and probate attorneys to share ideas and contribute informed commentary to legislative bodies. ACTEC also files amicus curiae briefs in relevant cases.

Membership and Fellows

ACTEC has more than 2,400 members, also known as "Fellows," who practice or teach in the United States, Canada, and other countries. These individuals are skilled and experienced in the preparation of wills and trusts, estate planning, and probate procedure, as well as the administration of trusts and estates of decedents, minors, and incompetents.

To qualify for membership, a lawyer must have no less than 10 years’ experience in the active practice of probate and trust law or estate planning. Lawyers and law professors are elected to be Fellows based on their outstanding reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching, and participating in bar activities.

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There are six classes of membership: Fellow, International Fellow, Academic Fellow, Judicial Fellow, Honorary Fellow, and Retired Fellow. Fellows are elected to membership by their peers. An ACTEC fellow must nominate an attorney with an outstanding reputation as a lawyer in the trust and estates field. The nominee is carefully reviewed by the state and national membership selection committee. The regents, which are the governing body, then vote on whether the nominee will be accepted as a fellow. The organization does not consider applications.

Governance and Leadership

ACTEC is governed by a Board of Regents, consisting of between 39 and 42 members. Members of this body are called Regents. 11 Regents are elected annually by the membership, serving a three-year term. All affairs of the College are conducted by the Regents. The Regents meet twice a year. Nine members of the Regents serve as the Executive Committee. There are six officers: President, President-Elect, Vice President, Treasurer, Secretary, and Immediate Past President. Additionally, there are three at-large members of the Executive Committee. Between meetings of the Board of Regents, the Executive Committee conducts the affairs of the College.

Activities and Resources

The American College of Trust and Estate Counsel seeks to improve trust, estate and tax laws, as well as the procedures and ethics of attorneys who work in those fields. The College frequently shares publications by members and conducts continuing legal education (CLE) seminars. Areas of law the organization covers include planning the transfer of assets during and after life, trust administration, estates, guardianships, conservatorships, benefits , charitable gifts and any tax concerns that stem from these issues.

Fellows receive a subscription to the ACTEC Law Journal with their paid membership. In addition, Fellows receive a set of Studies and updates, which deal with a variety of topics of interest to trust and estates attorneys. An annual meeting is held each spring at a resort hotel, alternating between the East and West Coasts.

ACTEC Fellows share their expertise through podcasts, publications, commentary, and videos. Publications and commentary written by the fellows are made available to the membership, offering the writer greater circulation of his or her work and the reader another perspective on estate and trust issues.

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Areas of Expertise

The substantive areas of expertise represented within ACTEC include:

Preparation of wills and revocable and irrevocable trusts
Probate
Trust, guardianship, and conservatorship administration
Transfer taxation planning and administration (including estate, gift, inheritance, and generation-skipping taxes)
Integration of asset protection planning
Fiduciary income taxation
Incapacity planning
Elder law
Employee benefit planning
Donative planning
Charitable planning
Advising exempt organizations
Probate, trust, and protective proceedings litigation

Commitment to Diversity and Inclusion

ACTEC is dedicated to fostering an environment where individuals from all backgrounds are respected, valued, and provided equal opportunities to excel in trust and estate law. The Planning for a Diverse and Equitable Future video series strives to educate you by discussing issues surrounding racism and offering recommendations to combat inequality.

Finding an ACTEC Fellow

Members of the public can use the ACTEC database to find a reputable and knowledgeable estate or trusts attorney. Lawyer Legion maintains a national directory of estate and probate law attorneys in the United States which includes both ACTEC Fellows and non-members. To help the public find the best choices when searching for a trust and estate lawyer, Lawyer Legion recognizes attorneys for their involvement and leadership within the ACTEC and other professional associations. This includes recognition for ACTEC fellows who have updated their Lawyer Legion profile with information about their involvement with the ACTEC.

Benefits of Engaging an ACTEC Member

Engaging an ACTEC-member attorney offers numerous advantages. Each member of ACTEC has demonstrated skills and significant contributions to advancing the field of trust and estate law. ACTEC members demonstrate exceptional integrity, knowledge and experience as trust and estate counselors.

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