The 23 Attorney States for Real Estate Closing
In 23 U.S. states, a licensed real estate attorney must be present at — or conduct — the real estate closing. This is a legal requirement, not optional, even for FSBO transactions. If you're buying or selling in one of these states, you must hire an attorney.
⚖️ What "Attorney State" Means
In attorney states, only a licensed attorney may conduct a real estate closing, render a title opinion, or prepare certain closing documents. Title companies may still issue title insurance, but the attorney oversees the transaction. This differs from "escrow states" where independent title/escrow companies handle everything.
All 23 Attorney States
Alabama requires a licensed attorney to conduct the closing and issue title opinions.
~3.2%
closing costs
Connecticut requires an attorney to conduct the closing. Transfer tax is 0.75% on most sales.
~3.8%
closing costs
Delaware has a high 3% realty transfer tax (split buyer/seller). Attorney involvement is required.
~3.9%
closing costs
Georgia requires a licensed Georgia attorney to conduct the closing and certify title.
~3.3%
closing costs
Kansas requires an attorney to certify title and handle real estate closings.
~3%
closing costs
Kentucky requires a licensed attorney to perform the closing and examine title.
~3.1%
closing costs
Louisiana uses a unique civil law system; a notary public (often an attorney) is required for the act of sale.
~3.5%
closing costs
Maine requires an attorney to conduct the closing. Transfer tax is split between buyer and seller.
~3.5%
closing costs
Maryland requires an attorney to conduct the closing. State and county transfer taxes vary.
~3.7%
closing costs
Massachusetts requires an attorney to conduct the closing and perform a title examination.
~4.2%
closing costs
Mississippi requires an attorney for closing and title examination.
~3.1%
closing costs
New Hampshire requires an attorney for closing. Transfer tax is split equally between buyer and seller.
~3.6%
closing costs
New Jersey requires attorney review. Transfer taxes vary by price and property type.
~4.5%
closing costs
New York requires attorneys for both buyer and seller. NYC has additional mansion taxes and high transfer taxes.
~4.8%
closing costs
North Carolina requires an attorney to conduct the closing and certify title.
~3.1%
closing costs
North Dakota requires an attorney to conduct real estate closings.
~2.8%
closing costs
Oklahoma typically requires an attorney for closing and title certification.
~3%
closing costs
Rhode Island requires an attorney to conduct the closing.
~3.7%
closing costs
South Carolina requires a licensed attorney to conduct the closing.
~3.2%
closing costs
Tennessee requires an attorney to perform the closing and issue a title opinion.
~3.1%
closing costs
Vermont requires an attorney to conduct the closing. Vermont Land Transfer Tax applies to most sales.
~3.5%
closing costs
Virginia requires a licensed attorney to conduct the closing and certify title.
~3.4%
closing costs
West Virginia requires an attorney to conduct the closing and certify title.
~3.2%
closing costs
What to Expect in an Attorney State
You Must Hire an Attorney
Even as a FSBO seller, you cannot complete a closing without a licensed real estate attorney in these states. Budget $500–$1,500 for attorney closing fees.
Attorney Prepares Closing Documents
The closing attorney drafts or reviews the deed, settlement statement, transfer documents, and any seller disclosures required by state law.
Title Opinion Required
In many attorney states, the attorney must issue a formal title opinion — a legal certification that the seller has marketable title to convey.
Title Companies Still Issue Insurance
Having an attorney doesn't eliminate title insurance — the attorney conducts the closing while a title company separately issues the insurance policy.
Can Be More Protective
Many FSBO sellers find attorney-state closings reassuring. The attorney acts as a neutral third party, ensuring all documents are legally sound.
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