Should You Get a Trust or a Will in New York?

Probate in New York typically costs 2-4% of the estate value in attorney fees alone.SCPA § 2110 (reasonable compensation; no statutory percentage)Verified May 31, 2026 A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the New York probate calculator.

No. A will must go through probate in New York. However, estates with personal property under $50,000 may qualify for Voluntary Administration, which is faster and less expensive than full probate.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026

Simple estates in New York typically take 7-9 months through probate. Complex or contested estates can take 15-36 months or longer.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

Yes. A will becomes a public court record once it enters probate in New York. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the New York probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.SCPA § 2307 (executor: 5% first $100K / 4% next $200K / 3% next $700K / 2.5% next $4M / 2% over $5M), SCPA § 2402(7) (graduated court petition fees: <$10K=$45, <$20K=$75, <$50K=$215, <$100K=$280, <$250K=$420, <$500K=$625, ≥$500K=$1,250), SCPA § 2402(9) ($150 objections/jury demand; $45 note of issue), SCPA § 1301 (voluntary administration, $50K personal-property cap, raised from $30K by Ch. 481 L. 2019 eff. 2019-11-25), SCPA § 1304 (no waiting period; file affidavit + death certificate immediately), SCPA § 1802 (7-month creditor claim period; runs automatically from issuance of letters; no publication required — former SCPA § 1801 repealed by Ch. 514, L. 1993). Verified 2026-05-31 via nysenate.gov primary sources.Verified May 31, 2026

Whether a trust is cost-effective depends on estate size, property types, and New York's probate costs. The New York trust need assessment evaluates these factors against your specific situation.