When Daniel and Priya, a married couple in Park Slope, finally sat down to plan their estate, their first question was the one almost everyone asks: how much is this going to cost? The honest answer is that it depends on your situation—but understanding what drives the price helps you spend wisely instead of guessing.
What You Are Actually Paying For
Estate planning fees pay for legal judgment, not paperwork. A New York attorney is making sure your will satisfies the witnessing rules of EPTL §3-2.1, your power of attorney uses the current statutory form under General Obligations Law §5-1513, and your health care proxy complies with Public Health Law Article 29-C. A form downloaded online costs nothing until it is rejected by a bank or thrown out by a Surrogate’s Court—then it costs your family enormously.
The Simple Plan
For a couple like Daniel and Priya without complex assets, a basic package typically includes a will, power of attorney, health care proxy, and living will for each spouse. Many New York City firms offer this as a flat fee rather than hourly billing, so you know the price before you start. This tier suits renters and homeowners whose estates fall comfortably under the state estate tax exclusion.
The Trust-Based Plan
If you own a Manhattan co-op, property in a second state, or want to keep your affairs out of the public Surrogate’s Court record, a revocable living trust under EPTL Article 7 raises the cost. The higher fee reflects two things: drafting the trust itself, and the often-overlooked work of funding it—retitling your home, accounts, and other assets into the trust so it actually works. Budget for funding, not just drafting.
Advanced and Tax Planning
Affluent New Yorkers may need planning around the state estate tax. For 2026 the exclusion is $7,350,000, with a cliff near $7,717,500 above which the exclusion vanishes and the entire estate is taxed. Navigating that cliff, or using an irrevocable trust for asset protection given New York’s five-year Medicaid look-back, involves more sophisticated drafting and a correspondingly higher fee. This is also where good planning pays for itself many times over.
The Cost of Doing Nothing
The most expensive option is no plan at all. Dying intestate sends your estate through EPTL Article 4 distribution and a full Surrogate’s Court proceeding, complete with court filing fees, a possible bond, and attorney fees for the administration—often dragging on for months in a busy borough court. A modest planning fee today routinely saves a family multiples of that later in delay, taxes, and conflict.
How to Get a Real Number
Avoid attorneys who quote a price before understanding your assets and family. The right approach is a consultation where you describe what you own and whom you want to protect; only then can a fee—flat or hourly—be quoted fairly. Ask specifically whether trust funding is included, since that is where surprises hide.
This article is general information and does not quote specific fees, which vary by attorney and complexity. For an accurate estimate tailored to your assets, consult a licensed New York estate planning attorney who can review your situation and explain exactly what your plan requires.
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