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A living trust in New York costs $1,500 – $3,500 attorney-drafted, $3,000 – $6,000 for a couple’s full plan, or $100–$600 online. New York is also one of 13 jurisdictions with its own estate tax, and its exemption is $7.35 million — against a federal exemption of $15 million. Estates that owe the IRS nothing can still owe New York.
With a $7.35 million state exemption, planning here starts earlier than most states.
If your assets are in New York only, with no blended family and no estate-tax exposure, an online service like Trust & Will produces a complete New York trust in about an hour.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
New York Living Trust Cost (2026)
| What You’re Paying For | New York Range | Notes |
|---|---|---|
| Online trust service | $100 – $600 | New York-specific documents; funding is on you |
| Living trust, attorney-drafted | $1,500 – $3,500 | Individual, straightforward assets |
| Full estate plan (couple) | $3,000 – $6,000 | Trust + will + POA + directive |
| Deed transfer into trust | $150 – $400 per property | Every New York property needs one |
Typical flat fees reported by New York attorneys and legal directories, reviewed quarterly. A guide, not a quote.
What Probate Actually Costs in New York
- Avoids New York’s expensive probate: — assets in the trust bypass Surrogate’s Court entirely
- Asset protection: from creditors, lawsuits, and divorce proceedings
- Small estate threshold: $50,000 or less in personal property qualifies for voluntary administration (no real property)
- Timeline: 12-24 months typical; varies by county (NYC courts tend to be slower)
- Cost range: 3-7% of estate value (attorney fees + executor commissions + court costs)
- Executor commissions: Statutory schedule — 5% on first $100K, 4% on next $200K, 3% on next $700K, 2.5% on next $4M, 2% above $5M (SCPA 2307)
- Probate is public record: — accessible online via WebSurrogate in many counties
- Homestead exemption bill (S5968): Pending legislation would increase the top-tier homestead exemption from $150,000 to $250,000 for NYC metro counties. Still in committee as of this writing.
| Item | New York |
|---|---|
| Executor commission (SCPA 2307) | $34,000 5% on $100K + 4% on $200K + 3% on $700K |
| Attorney fees (typical) | $15,000-$25,000 Reasonable compensation; varies by complexity |
| Court filing fees | ~$1,000-$2,000 Based on estate value |
| Appraisal, accounting, misc. | $2,000-$5,000 Varies |
| Total | $52,000-$66,000 |
| Full estate plan package (trust + will + POA + Health Care Proxy) | $3,000 – $8,500+ Most families — this is what you actually need |
Full New York probate rules and thresholds: our New York estate planning guide.
What each price point buys in New York
- $100–$600 (online): A valid New York trust document, pour-over will, and directives. You do the funding — every New York deed transfer, every account retitling.
- $1,500 – $3,500 (attorney, individual): Custom drafting, review of how your assets are titled, and usually one deed included. Confirm that last part before you sign.
- $3,000 – $6,000 (attorney, couple): Adds marital property planning, plus credit shelter planning against the $7.35 million state exemption.
Trust vs. probate in New York
| With a Trust | Without | |
|---|---|---|
| Cost | $3,000-$8,500 (one-time trust creation) | 3-7% of estate value (attorney fees + executor commissions + court costs) |
| Timeline | Weeks to a few months | Months to over a year |
| Privacy | Private | Public court record |
Online or New York Attorney?
| Situation | Route |
|---|---|
| Assets only in New York, standard estate | Online service |
| Estate near New York’s $7.35 million state exemption | Attorney |
| Property in 2+ states, blended family, business | Attorney |
The dividing line is funding, not drafting. Online documents are valid in New York; what they don’t do is retitle your assets. See funding your trust.
Other New York rules that affect the plan
- 2024: $6,940,000
- 2025: $7,160,000
- 2026: $7,350,000 (indexed for inflation annually)
- Estate of $7,350,000: No New York estate tax. The exemption covers the full amount.
- Estate of $7,700,000: Still under the 105% cliff ($7,717,500). No New York estate tax.
- Estate of $7,720,000: Over the cliff by just $2,000. The entire $7,520,000 is now taxable. New York estate tax: approximately $578,000.
- No trust registration required: in New York
- Critical for New York estate tax planning: — removes assets from your taxable estate to stay below the cliff
- State estate tax: YES — exemption $7,350,000 (2026), indexed annually
- The “cliff”: If estate exceeds 105% of exemption, entire estate is taxed from dollar one
- No portability: between spouses at state level
- No state gift tax: — but 3-year clawback on gifts made before death
Recent New York Changes Worth Knowing
- July 2024 — Transfer-on-Death Deeds: New York enacted Real Property Law Section 424, allowing TOD deeds for real property for the first time. Effective July 19, 2024. Requires two witnesses, notarization, and recording before the owner’s death.
- 2025 — Estate tax exemption: Increased to $7,160,000 (105% cliff threshold: ~$7,518,000). The 2026 exemption is $7,350,000.
- 2025 — 3-year gift clawback extended: The clawback under Tax Law Section 954(a)(3) has been extended through January 1, 2032. The incremental tax from clawed-back gifts is now treated as an estate obligation.
- EPTL Article 7-A: New York’s partial adoption of UTC elements took effect in stages through 2024-2025, modernizing trust administration, modification, and court supervision provisions.
- Homestead exemption bill (S5968): Pending legislation would increase the top-tier homestead exemption from $150,000 to $250,000 for NYC metro counties. Still in committee as of this writing.
Living trust costs in nearby states
Attorney pricing and probate rules shift at the state line — compare New York with New Jersey, Connecticut, Pennsylvania, Massachusetts.
When to Hire A New York Attorney
Online stops being the right answer when the estate has moving parts: property in more than one state, a blended family, a business, or anyone you intend to exclude.
- Get two or three flat-fee quotes. Identical work varies by $1,000+ inside one metro.
- Ask what’s included. Deed transfers run $150–$400 each and are often quoted separately.
- Don’t buy complexity you don’t have.
Three ways to pay less in New York
- Price the state tax exposure first. With a $7.35 million New York exemption, an estate anywhere near that line should be quoted for credit shelter planning, not a basic trust — the cheap package solves the wrong problem.
- Count the deeds before comparing prices. At $150–$400 apiece, with properties in multiple counties each needing their own recorded transfer, a quote including one deed can beat a cheaper quote including none.
- Match the product to the situation. A home and retirement accounts in New York only is the exact case the online route handles well.
Official sources: nysenate.gov · nysenate.gov · tax.ny.gov · ww2.nycourts.gov
FAQ
How much does a living trust cost in New York?
$1,500 – $3,500 attorney-drafted, $3,000 – $6,000 for a couple’s full estate plan, or $100 to $600 through an online service. Add $150 to $400 per property for the deed transfers that fund it.
Does a living trust avoid New York estate tax?
No. A revocable trust is tax-neutral; it avoids probate, not the New York estate tax. With a $7.35 million exemption, reducing that liability takes specific planning such as a credit shelter trust or an ILIT.
Can I make my own living trust in New York?
Yes — online services produce valid New York documents. The risk is funding: a trust that doesn’t hold title to your home doesn’t avoid probate for it.
If the online route fits your situation, Trust & Will’s trust plan covers New York and takes about an hour.
More: Living trust costs nationwide · New York estate planning guide · Funding your trust
Last updated: August 2026. Educational information, not legal advice or a quote.