New York uses a statutory trustee fee scheduleNY SCPA § 2309; NY SCPA § 2312 (corporate trustees); NY SCPA § 2313 (multiple trustees)Verified Sep 18, 2026View source. The schedule sets fixed percentages by trust value, so the cost is predictable. A family-member trustee often waives the fee. A professional trustee (a bank, a trust company, an attorney) typically charges 0.5% to 1.5% of trust assets a year, and a corporate fiduciary applies an annual minimum. The New York trustee compensation calculator breaks it down by trust situation.

Trust administration in New York is typically faster than probate because a trust needs no court supervision. There is no court-supervised creditor period — the trustee distributes once known debts are settled, subject to New York's general limitations period. A simple trust often wraps up in six to nine months; a trust holding a business interest, real property in more than one state, or one that files an estate tax return takes longer. The New York trust settlement plan carries the full process.

Estate planning attorneys in New York average $448Clio Compare Lawyer Rates, New York: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work. A flat-fee package runs $1,344Estimate: 3 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,688Estimate: 6 hours at $448, Clio's New York Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a simple individual will and $4,250Estimate: 10 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,375Estimate: 15 hours at $425, Clio's New York Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for a basic revocable trust. An online service prices the same documents in the tens to low hundreds of dollars; the New York will cost calculator sets the two side by side.

In New York, estates with personal property of $50,000SCPA § 1301Verified Sep 8, 2026View source or less use the Voluntary AdministrationSCPA § 1301Verified Sep 8, 2026View source, a court filing short of full probate. That route is a form rather than a court case, and most families handle it without an attorney. Above the line, formal probate generally benefits from counsel for the procedural work, even when nothing is contested. The New York probate calculator estimates the cost by estate value.

In New York, the situations where counsel is typically worth the cost are: a blended family with children from a prior relationship; a business, rental property or significant investment assets; a dependent with special needs, who needs a special-needs trust to keep benefits; an estate near or above the New York estate taxN.Y. Tax Law §§ 951–971Verified Sep 15, 2026View source threshold of $7,350,000N.Y. Tax Law §§ 951–971Verified Sep 15, 2026View source; substantial property in more than one state. Where none of these apply, an online or self-help document is often enough.

Forms for Planning and Settling an Estate in New York

Free New York forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Pour-Over Will

In New York, a pour-over will is signed before 2EPTL § 3-2.1Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning and Settling an Estate in New York

Free calculators and checklists for planning or settling an estate in New York: will and trust costs, probate, executor pay, and inheritance taxes.

How Do I Settle a Trust?

Settling a trust in New York happens outside court: the trustee acts under the state's trust statuteN.Y. EPTL Article 7Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In New York, trustee compensation follows a statutory fee scheduleNY SCPA § 2309; NY SCPA § 2312 (corporate trustees); NY SCPA § 2313 (multiple trustees)Verified Sep 18, 2026View source unless the trust instrument sets a different amount. The schedule is an annual commission on principal.

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How Do I Settle an Estate?

Settling an estate in New York: the personal representative files the estate inventory within 270 days22 NYCRR 207.20Verified Sep 15, 2026View source of appointment; creditors have 7 monthsSCPA 1802, 1803, 1810, 1811; EPTL 11-1.5Verified Oct 19, 2026View source to present claims; a simple estate closes in 7 months to 9 months.

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Do I Have to File Tax Returns for Someone Who Died?

New York requires a final state income tax return for the decedent alongside the federal Form 1040N.Y. Tax Law § 601(c) cl. (vii); Chapter 59, Laws of 2025 (Part B)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in New York take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesNY Tax Law Article 22 § 601(a)–(c) — rate schedules; § 601(c) covers "resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts"Verified Sep 15, 2026View source.

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