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Compare 2026 Florida vs New York probate costs, will execution requirements, trust laws, and what happens if you die without a plan.
New York sets probate attorney fees by statute as a percentage of the estate, while Florida allows negotiable "reasonable" fees. New York's $50,000 small estate threshold is much higher than 0, allowing more estates to skip formal probate.
What's needed to create and execute a valid last will and testament.
Estimated probate costs including attorney fees, executor fees, and court costs.
With a valid will, you control who inherits - but it requires probate.
How easily you can create and sign your will digitally, including remote notarization options.
Florida
Accepts out-of-state remote notarization
Electronic statute: Fla. Stat. § 732.521-732.525
Electronic wills law effective July 1, 2020
Florida was a pioneer in RON adoption. Signed June 7, 2019, effective January 1, 2020.
New York
ESRA explicitly excludes wills. EPTL 3-2.1 requires witnesses "in presence". Electronic Wills Act takes effect June 10, 2027.
RON authorized for notarization but ESRA exclusions make it useless for estate planning docs. EPTL 3-2.1 requires witnesses "in presence". Electronic Wills Act effective June 10, 2027.
How to modify your will after it's been signed and executed.
Florida
Florida authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.
New York
Requires creating a new will or codicil with the same execution requirements. New York does not authorize electronic wills.
This comparison provides general information about state estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.
Remote notarization is a key difference. Florida fully supports RON for trust signing, allowing notarization via video call.
Florida requires 2 witnesses when signing a trust. Most states, including New York, do not require witnesses for trust execution.
New York offers transfer-on-death deeds, which pass real estate to beneficiaries without probate and without a trust. Florida does not have TOD deeds, so trusts are the primary probate-avoidance tool for real property there.
Florida does not enforce no-contest clauses in trusts. New York does enforce them, meaning beneficiaries who unsuccessfully challenge the trust can lose their inheritance.
Guides covering Florida and New York estate planning laws.
Explore related tools and documents to complete your estate plan.
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Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
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Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).
Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.
Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.