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Trust vs. Will in New York: What's the Cost Difference?

Updated July 16, 2026 · 5 min read

On price tags alone, a will wins: it is the simpler, less expensive document to prepare, while a revocable living trust package involves more drafting and costs more upfront. But the sticker prices tell only half the story, because the two documents shift costs to different points in time.

Two paths for the same estate
WITH A LIVING TRUST
You pass away
Successor trustee steps inassets available immediately, without a court proceeding
Assets distributedprivately, usually weeks
Private · weeks
WILL ONLY
You pass away
Probate in Surrogate's Courta court proceeding is necessary and a public record is created
Assets distributedafter Letters Testamentary issue; a contest is possible and an accounting may be required
Public · months
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What you pay now

A will is the cheaper document today — whether a simple will on its own or the bundle with a power of attorney and healthcare proxy. A revocable living trust package costs more upfront because it involves more drafting plus funding work: re-deeding your home into the trust and retitling accounts. Ask for an exact quote for your situation; court and recording fees are additional.

What your family pays later

Here's the flip side. A will must be probated. In Surrogate's Court that means a filing fee under SCPA §2402 that scales with the estate — up to $1,250 for estates of $500,000 or more — plus attorney fees for the proceeding (probate attorney fees vary with the estate and are discussed separately from court filing fees) and months of waiting. A properly funded trust skips that entirely: your successor trustee distributes assets privately without a court case. For many families, especially homeowners, the trust's upfront premium is smaller than the probate costs it eliminates.

Which is right for you

Cost isn't the only factor — privacy, incapacity planning, out-of-state property, and family dynamics all matter. Compare the options on our estate planning page.

How Schwartsman Law Group can help

Schwartsman Law Group PLLC will run the will-versus-trust math for your actual assets. Founding attorney Marianna Schwartsman and her team advise clients from offices in Brooklyn, Manhattan, and Manhasset, in English, Spanish, and Russian. Call +1 212 518 3868, email ms@schwartsmanlaw.com, or request a free consultation for exact pricing on both options.

MS
Marianna Schwartsman, Esq.
New York trusts and estates attorney. Fordham Law, Summa Cum Laude. Formerly of Katten Muchin Rosenman LLP and Meltzer Lippe. More about the firm →
FAQ

FAQ

How much more does a trust cost than a will in New York?

At Schwartsman Law Group, both a simple will and a revocable living trust package are quoted as flat fees at your free consultation; the trust package costs more because of the added drafting and funding work.

Does a trust really save money in the long run?

Often yes for homeowners: a funded trust avoids Surrogate's Court filing fees that reach $1,250 for larger estates, probate attorney fees, and months of delay, which together frequently exceed the trust's upfront premium.

Do I still need a will if I have a living trust?

Yes — a short pour-over will catches any asset accidentally left outside the trust and directs it into the trust, serving as a safety net rather than the main plan.

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