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New Jersey Probate vs Living Trust Calculator

A trust in New Jersey doesn't touch the inheritance tax — that follows the beneficiary, not the paperwork — but it does remove the statutory commission and the wait for a tax waiver entirely.

Probate side: N.J.S.A. 3B:18-14 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your New Jersey estate

Enter your estate's corpus value — we'll estimate New Jersey probate cost (statutory commission) and compare it to a typical trust setup cost.

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Estimated New Jersey probate cost vs trust setup
Probate (estimated)
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Living trust setup
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Is it worth it for me? →
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New Jersey probate cost vs living trust cost

The probate side of this comparison reuses the same approach as the New Jersey Probate Cost Calculator: the statutory executor commission under N.J.S.A. 3B:18-14 (5% of the first $200,000, 3.5% to $1 million, 2% above), plus a separate reasonable attorney fee, plus the Surrogate filing fee. Unlike most states, New Jersey doesn't leave this fee to a "reasonable" standard — it's a fixed statutory schedule a court can only reduce for materially deficient work. The trust side is market data, not a statutory figure: New Jersey attorneys typically charge roughly $1,200–$6,660 for a revocable living trust. See the full breakdown in New Jersey Living Trust Setup Cost.

Worth being precise about: a trust removes the statutory commission and the Surrogate's Court process entirely, but it does not remove New Jersey's inheritance tax, which is based on who inherits, not which vehicle the assets passed through.

New Jersey probate vs living trust — frequently asked questions

Is a living trust worth it in New Jersey?

For estates leaving assets to siblings, friends, or other Class C/D beneficiaries, often yes — a trust avoids the statutory executor commission and can simplify the inheritance tax picture. For Class A beneficiaries (spouse, children, parents), the case rests more on cost and avoiding the wait for tax waivers than on tax savings, since Class A owes no inheritance tax either way.

How much does New Jersey probate cost compared to a living trust?

On a $500,000 estate left to children, the statutory executor commission alone runs about $20,500, plus a separate attorney fee and a surrogate fee. A New Jersey living trust typically costs roughly $1,200–$6,660 to set up with an attorney.

Does a living trust avoid New Jersey inheritance tax?

No — inheritance tax is based on the relationship between the decedent and the beneficiary, not on whether the asset passes through probate or a trust. A trust does avoid the statutory executor commission and the wait for a tax waiver, but not the tax itself.

New Jersey living trust tools & guides

New Jersey Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in New Jersey?A decision framework New Jersey Living Trust Funding MistakesWhy trusts still fail to avoid probate New Jersey Probate Cost CalculatorThe statutory commission + inheritance tax breakdown New Jersey Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on New Jersey statute (N.J.S.A. 3B:18-14). Trust-side figures are illustrative market rates, not a legal or statutory amount, and vary by attorney and estate complexity. Confirm current figures with the county Surrogate, the NJ Division of Taxation, or a licensed New Jersey estate planning attorney before acting.