How Much Does a Will Cost in New York?

By The Estate Planning Guide Editorial Team Researched against primary sources

Published June 11, 2026 Updated September 22, 2026 7 min read

Quick answer

No New York law sets what a will costs, and we found no published source for New York will-drafting prices as of September 2026 that is not a law firm, an online document seller, or a site paid to refer customers to one. What New York law does set: a will needs at least two attesting witnesses, who must both attest within one thirty-day period (EPTL §3-2.1(a)(4)); handwritten and oral wills are valid only for members of the armed forces in actual service, people serving with them, and mariners at sea (EPTL §3-2.2(b)); and the Surrogate's Court probate filing fee runs from $45 on an estate under $10,000 to $1,250 on an estate of $500,000 or more (SCPA §2402(7)).

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are the ones a statute or a named, dated publisher sets. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New York with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

What a will costs in New York

We found no published source for this figure as of September 2026. The New York will prices that are published come from law firms, online document sellers, or sites paid to refer customers to them. None is an independent publisher, so none is cited here.

No New York statute sets what a will costs to draft. The EPTL sets how a will must be executed to be valid, and the SCPA sets what the court charges to probate it — neither fixes a drafting fee. The statutory figures are below.

What the court charges

New York's Surrogate's Court fees are fixed by statute, not by the court. Under SCPA §2402(7) the fee on a petition for probate is computed on the gross estate passing by will: $45 under $10,000; $75 from $10,000 to under $20,000; $215 from $20,000 to under $50,000; $280 from $50,000 to under $100,000; $420 from $100,000 to under $250,000; $625 from $250,000 to under $500,000; and $1,250 at $500,000 and over. Section 2402(1) provides that if the estate later proves larger than stated, the difference becomes immediately payable, and that if it proves smaller the difference is refunded.

The deadline the fee buys into

A claim not presented within 7 months from the date letters were first issued leaves the fiduciary not chargeable for assets already paid out in good faith on lawful claims, legacies or distributions (SCPA §1802). The period runs from the first issue of letters to any fiduciary, including a temporary administrator or preliminary executor.

What makes a will valid in New York

A New York will must have at least two attesting witnesses, who must both attest the testator's signature within one thirty-day period and sign their names and residence addresses at the end of the will (EPTL §3-2.1(a)(4)). The statute adds a rebuttable presumption that the thirty-day requirement was met, and provides that a witness's failure to affix an address does not affect validity.

EPTL §3-2.1(a)(1)(C) provides that a person who signs the testator’s name for the testator must sign their own name and affix their address, and is not counted as one of the necessary attesting witnesses.

Can you write your own will by hand in New York?

A nuncupative (oral) or holographic (wholly handwritten, unattested) will is valid in New York only if made by a member of the armed forces in actual military or naval service during a war or other armed conflict, a person serving with or accompanying such a force, or a mariner at sea (EPTL §3-2.2(b)). Everyone else needs a will executed under §3-2.1.

EPTL §3-2.2(a)(2) defines a holographic will as one written entirely in the testator’s handwriting and not executed and attested under the §3-2.1 formalities.

The self-proving affidavit

Any or all of the attesting witnesses may swear an affidavit before an officer authorised to administer oaths, stating facts that would establish the genuineness of the will, the validity of its execution and the testator's competence. The court accepts that sworn statement as though taken before the court, unless a party entitled to process objects (SCPA §1406(1)).

Without it, the attesting witnesses may be called to testify to the execution when the will is offered for probate. SCPA §1406(1) is what removes that step, by letting the court accept their sworn affidavit instead.

What a will does not do in New York

A will directs an estate through probate; it does not remove assets from it. A will tells the New York probate court who receives what and who administers the estate. Property governed by the will still passes through probate — the court-supervised, public process.

The cost of the document and the cost of probate are therefore separate figures. For what probate itself costs in New York, see How Much Does Probate Cost in New York?.

What passes outside probate in New York

Assets transfer outside probate only by operation of law or contract, regardless of what a will says. The recognised mechanisms are:

Beneficiary designations — retirement accounts, life insurance, and payable-on-death accounts pass to the named beneficiary.
Joint ownership with right of survivorship — passes to the surviving owner.
Transfer-on-death instruments, where New York authorises them.
Assets titled into a funded living trust.

A will has no effect on any asset transferred by these routes. For the New York figures on the trust alternative, see How Much Does a Living Trust Cost in New York?, and for the documented differences between the two instruments, Will vs. Trust: How They Differ.

What affects the price in New York

We found no published source for New York will-drafting prices as of September 2026, so this page states no range and no price drivers. The prices on this page that are fixed by law are the court’s, above, with the statute that fixes them cited there.

What the record shows

Item	New York
Price of a will	Not set by law; no independent published source found as of September 2026
Governing statutes	N.Y. EPTL §3-2.1 (execution); N.Y. EPTL §3-2.2 (nuncupative and holographic wills); N.Y. SCPA §1406 (proof of will by affidavit); N.Y. SCPA §2402 (Surrogate’s Court fees); N.Y. SCPA §1802 (claims)
State authority	New York State Unified Court System (nycourts.gov)

A will directs an estate through probate and does not remove assets from it. Execution requirements, the treatment of handwritten wills, the self-proving affidavit, the court’s own fee schedule and the claim period are set out above with their statutory citations. No figure is published here for what a will costs to draft: we found no independent published source as of September 2026.

Will costs in other states

Compare New York with what a will costs in other states:

How to Write a Will (and What Makes It Valid) — the full step-by-step.
Do I Need a Will? — what happens under intestacy when there is none.
How Much Does a Will Cost with a Lawyer? — the national cost picture.
How Much Does Probate Cost in New York? — the separate cost of probate itself.
How Much Does a Living Trust Cost in New York? — the instrument that holds assets outside probate.

This page sets out what New York law fixes about making a will and probating it, as of September 2026. It is not legal advice; statutes and figures change and depend on your situation. Confirm current rules with a licensed New York attorney. It states no drafting price, because we found no independent published source for one. Sources: New York State Unified Court System (nycourts.gov); N.Y. EPTL §3-2.1 (execution), N.Y. EPTL §3-2.2 (nuncupative and holographic wills), N.Y. SCPA §1406 (proof of will by affidavit), N.Y. SCPA §2402 (Surrogate’s Court fees), N.Y. SCPA §1802 (claims).

Related guides

What Happens If You Die Without a Will by State

Do I Need a Will? What a Will Does and What Intestacy Does

How Much Does a Will Cost with a Lawyer?