How Much is a Will – Typical Prices and Factors to Consider

How much is a will? Typically, about $1,200. It could cost more if one of the following is a factor:

• a large estate
• a testamentary trust built into the will
• complicated arrangements, such as having multiple people receive property or cash bequests
• disinheriting children, spouse or other relatives
• travel to the client’s location
• urgency

In a large estate, a will costs much more because there are more strategies that the estate attorney needs to utilize in order to protect the estate from issues that may come up. A testamentary trust involves more work than a will, it’s essentially a new document built into the will, in which case trust pricing would apply. If a will involves a complicated arrangement, then the estate attorney will need to spend hours, and sometimes tens of hours more on figuring out what the arrangement is and writing it down, as well as having the client change their mind about the arrangement and reassign which people have which property and how much of it. If someone is disinheriting a child, spouse or other relatives, the attorney has to spend much more time documenting the will as the attorney will possibly need to testify about the will to the court and in depositions. The attorney will also have to develop defensive strategies, such as deciding whether or not to record the will execution on video. If the attorney needs to travel to the client’s location, the attorney will raise how much the will costs. Urgency contributes to how much it will cost to make a will, as the estate attorney will have to work overtime to complete the will as well as to catch up on other projects that get pushed back as a result.

If you would like an estimate of how much is a will in your circumstance, you can give me a call at (212) 233-1233 or 212-233-1233.

What "About $1,200" Actually Covers

For a straightforward New York will, the flat fee is meant to cover the entire engagement from initial consultation through signed and witnessed document. That typically includes:

• A one-on-one consultation to identify your goals, family situation, and assets.
• A draft will customized to your circumstances, generally sent within one to two weeks of the initial meeting.
• One or two rounds of revisions based on your feedback.
• A coordinated estate plan including a durable power of attorney and a health care proxy.
• A signing ceremony with two disinterested witnesses and a notary, conducted either at our office or by mobile arrangement.
• A self-proving affidavit attached to the will.
• Original signed documents delivered to you, with our firm retaining copies for our files.
• Storage of the original will if you prefer, or guidance on where to keep it if you take it home.

The fee assumes that the situation is reasonably routine — a single client or married couple, identifiable beneficiaries, no contested family dynamics, and assets within the federal estate tax exclusion. When any of those assumptions does not hold, the fee adjusts accordingly.

Why a Large Estate Costs More

A large estate — one approaching or exceeding the federal estate tax exclusion or the lower New York estate tax exclusion — requires more planning. The will may need to include credit shelter trust provisions, marital deduction provisions, generation-skipping transfer tax provisions, and tax apportionment language that allocates the tax burden among the beneficiaries. Each of these involves drafting and a careful walk-through with the client. The will also has to be coordinated with the client's other planning — revocable trusts, irrevocable trusts, life insurance, retirement accounts, and lifetime gifts — to make sure that all the moving parts work together.

For high-net-worth clients, the will is often part of a larger planning project that includes some combination of: a revocable trust, an irrevocable life insurance trust, lifetime gifting plans, valuation discounts on family businesses, and charitable giving structures. The total cost of such a plan can run from a few thousand dollars to tens of thousands depending on complexity.

Testamentary Trusts Built into a Will

A testamentary trust is a trust that comes into existence at the testator's death, with its terms set out in the will itself. Common testamentary trusts include trusts for minor or young-adult children, supplemental needs trusts for disabled beneficiaries, marital trusts for surviving spouses, and bypass trusts for tax planning purposes.

Drafting a testamentary trust requires substantially more work than a basic will because the trust provisions have to address all of the issues that arise during the trust's operation: distributions during life, treatment of income versus principal, trustee succession, trustee powers and discretion, termination, distribution at termination, and protective provisions. Each of these involves choices that need to be discussed with the client and reflected in tailored language.

Complicated Bequest Arrangements

A will with one residuary beneficiary is the simplest case. The complexity grows quickly as more beneficiaries and more specific bequests are added. Some examples:

• Specific dollar amounts to multiple individuals, with provisions for what happens if one of them does not survive.
• Specific items of personal property (jewelry, art, vehicles) to specific people.
• Conditional bequests — a gift that only happens if certain conditions are met.
• Bequests staggered over time (one third now, one third at age 30, one third at age 40).
• Different treatment for children of a prior marriage versus children of the current marriage.
• Bequests to charities along with specific instructions about how the funds should be used.

Each of these requires drafting that addresses contingencies and edge cases. The more complex the plan, the more time the attorney spends understanding the situation, drafting the provisions, and discussing the implications with the client.

Disinheriting a Relative

Disinheriting a child or other relative who would normally expect to inherit requires careful drafting to maximize the chances the disinheritance will stand up to a contest. The attorney typically:

• Discusses with the testator the reasons for the disinheritance to evaluate whether they are legally defensible.
• Drafts the will with explicit language naming the disinherited person and confirming the disinheritance is intentional.
• Considers an in terrorem clause that disinherits any beneficiary who contests the will.
• Sometimes records the will execution on video to preserve evidence of the testator's capacity and intent.
• Documents the engagement carefully, including meetings, communications, and the testator's stated reasons.
• Recommends a current medical examination if there is any concern about future challenges to capacity.

This is more time-intensive work than a routine will and the fee reflects that.

Disinheriting a Spouse

This deserves special mention because, in New York, a spouse cannot be fully disinherited absent disqualification (under EPTL § 5-1.2) or a valid prenuptial or postnuptial agreement. A surviving spouse has the right of election under EPTL § 5-1.1-A, which gives the spouse the greater of $50,000 or one-third of the net estate regardless of what the will says. Effectively disinheriting a spouse therefore requires a coordinated plan that may include a prenuptial or postnuptial agreement, an analysis of whether grounds for disqualification exist, and structural choices about how assets are held. The cost can be substantially more than a simple will because of the planning involved.

Mobile and Out-of-Office Signings

Many of our clients are elderly, ill, or otherwise unable to come to our office for the signing. We routinely conduct will signings at client homes, hospitals, nursing facilities, and other locations. Out-of-office signings add a fee for travel time and travel expenses but are often the right way to accommodate a client's circumstances. Hospital signings in particular require additional care to ensure that the formalities are satisfied and that the testator's capacity is documented.

Rush Work

We aim to complete most wills within two to three weeks of engagement. Faster turnaround is sometimes needed — a client facing surgery, a client about to travel, a client whose health is declining. We can usually accommodate same-week or even same-day signings when circumstances require, but rush work commands a premium because it requires us to set aside other matters and to compress the review and signing process.

What the Fee Does Not Include

The flat fee covers drafting and signing. It does not include later updates if your circumstances change (those are handled by separate engagement), probate work after your death (which is a separate engagement with your executor), or legal work on any contest. We provide an estimate of the total cost of a complete plan up front, but the will fee itself is just one piece.