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New York Probate vs Living Trust Calculator

The SCPA 2307 commission and a comparable court-approved attorney fee together routinely run 6–8% of a New York estate — before you even factor in Surrogate's Court's famously slow calendar.

Probate side: SCPA § 2307 & 2110 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your New York estate

Enter your estate's gross value — we'll estimate New York probate cost and compare it to a typical trust setup cost.

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Estimated New York probate cost vs trust setup
Probate (estimated)
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Living trust setup
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New York probate cost vs living trust cost

The probate side of this comparison reuses the same approach as the New York Probate Cost Calculator: the executor commission under SCPA § 2307 — 5% of the first $100,000, down to 2% above $5 million — plus a court-approved attorney fee under § 2110 that commonly runs comparably in practice, plus the Surrogate's Court filing fee. On a $1,000,000 estate that's $34,000 in commission alone, often matched by a similar attorney fee. The trust side is market data, not a statutory figure: New York attorneys typically charge roughly $2,000–$5,000 for a revocable living trust. See the full breakdown in New York Living Trust Setup Cost.

Like the commission itself, this comparison is calculated on gross value: a Brooklyn home worth $900,000 with a $500,000 mortgage still counts as a $900,000 asset for the executor commission. A trust doesn't touch that math, since properly funded trust assets pay no SCPA § 2307 commission at all.

New York probate vs living trust — frequently asked questions

Is a living trust worth it in New York?

For most estates above the $50,000 voluntary-administration threshold, yes — the SCPA § 2307 executor commission plus court-approved attorney fees commonly total 6–8% of a New York estate, well above typical trust setup cost, and a trust also avoids New York's notoriously slow Surrogate's Court process.

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

On a $1,000,000 estate, the SCPA § 2307 executor commission is $34,000, and a court-approved attorney fee often runs comparably, commonly $30,000–$50,000 — together with filing fees, total probate cost commonly runs 6–8% of the estate. A New York living trust typically costs roughly $2,000–$5,000 to set up with an attorney.

Does the executor commission apply to a mortgaged New York property?

Yes — the SCPA § 2307 commission is generally calculated on the gross value of assets received and paid out, without subtracting mortgages or liens. A Brooklyn home worth $900,000 with a $500,000 mortgage still counts as a $900,000 asset for the commission.

New York living trust tools & guides

New York Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in New York?A decision framework New York Living Trust Funding MistakesWhy trusts still fail to avoid probate New York Probate Cost CalculatorThe full commission + fee breakdown New York 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 York statute (SCPA § 2307, 2110, 2402). Trust-side figures are illustrative market rates, not a legal or statutory amount, and vary by attorney and estate complexity. Confirm current figures with a licensed New York estate planning attorney before acting.