Updated July 23, 2026. Quick answer: An attorney-drafted revocable living trust package has a median cost of $2,700, with the middle half of firms charging $2,500–$3,500 (2026 nationwide study of 909 firms; 221 of them priced a trust package) — and the package matters, because it typically bundles the trust, a pour-over will, powers of attorney, and healthcare documents for roughly $700 less than the same study’s single-document medians add to ($2,475 trust + $625 will + $300 power of attorney = $3,400). DIY platforms run $149 (Quicken WillMaker Plus) to $649 (LegalZoom Premium for couples). The two costs people miss: funding the trust (retitling deeds and accounts, sometimes billed separately) and the fact that specialty trusts — irrevocable, special-needs, charitable — are usually hourly work priced well above these figures.
Fast routes: Estate planning cost guide | Will vs trust breakeven calculator | Probate cost by state | How much a will costs | Ancillary probate calculator
Cost to set up a living trust: attorney vs DIY (2026)
| Route | Individual | Couple | What’s included |
|---|---|---|---|
| Attorney-drafted trust package | Median $2,700; middle 50% of firms $2,500–$3,500 | Typically trust + pour-over will + financial POA + healthcare documents; funding help varies — ask (221 firms priced a package) | |
| Attorney-drafted trust, single document | Median $2,475; middle 50% of firms $1,600–$3,000 | The trust on its own — no pour-over will, no powers of attorney, no healthcare documents (226 firms priced it this way) | |
| LegalZoom (Basic / Premium Trust) | $399 / $549 | $499 / $649 | Living trust, pour-over will(s), POAs, healthcare directive(s); Premium adds attorney consults that renew as a subscription |
| Trust & Will (Trust Plan) | $499 | $599 | Trust, schedule of assets, certification of trust, funding guide, plus all Will Plan documents |
| Quicken WillMaker Plus (Nolo) | $149 list (software) | Living trust included alongside wills, POAs, and healthcare directives | |
| FreeWill | $0 — California only for trusts | Free revocable living trust for CA residents; wills and POAs free in all states | |
Platform prices were read from each company’s own pricing page on July 23, 2026 (list prices; promotions and renewal-based add-ons noted). The attorney figures are from the LegalTemplates 2026 study of 909 firms — published by a DIY-documents company, so we corroborate it against NCOA’s $2,000–$5,000+ full-plan range and marketplace data; they broadly agree.
How much does a living trust lawyer cost?
An attorney-drafted revocable living trust package has a median cost of $2,700, with the middle half of firms charging $2,500 to $3,500 (2026 nationwide study). That is the drafting fee only. Funding the trust — retitling the assets into it — is the cost almost nobody quotes, and an unfunded trust does not work.
If a revocable living trust is the route you want
A trust only earns its cost once it is funded — the house retitled, the accounts moved. LawDepot builds a state-specific revocable living trust through a guided form; the funding step afterwards is still yours to complete, and it is the step that does the work.
LawDepot prices its living trust document at $107.88 a year on its estate-planning subscription, or $7.50–$119 for a single document (per our LawDepot review, verified 2026-08-20) — a fraction of the $2,700 median attorney-drafted package shown above, though funding the trust afterward is still yours to do either way. Doing nothing means the estate goes through probate instead of avoiding it.
Build a living trust at LawDepot
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
The cost nobody quotes: funding the trust
An unfunded trust avoids nothing — the trust only controls assets actually titled into it. Funding means retitling real estate (a new deed, plus county recording fees), updating account ownership, and aligning beneficiary designations. Some attorney packages include full funding, some record one deed and hand you instructions, and DIY platforms give you a guide and leave execution to you. This is the single most important scope question when comparing a $2,500 attorney quote against a $499 platform price: the attorney fee often includes the part people fail to finish on their own.
Specialty trusts cost more — and differently
The figures above are for revocable living trusts. Irrevocable trusts (asset-protection, Medicaid planning), special-needs trusts, and charitable trusts are typically bespoke hourly work — commonly $250–$400/hour per the survey data in our estate planning cost guide — and total costs vary too much by situation for an honest flat benchmark. If a quote for one of these arrives as a suspiciously low flat fee, ask exactly which drafting, tax analysis, and funding steps it includes.
When the trust premium pays for itself
Against a will package, a trust package costs roughly $1,700 more at the medians ($2,700 against $1,000). Whether that buys you anything financially depends on what probate would cost your estate in your state: in statutory-fee states like California, a $1,000,000 gross estate can generate up to $46,000 in combined statutory attorney and executor compensation that a funded trust avoids; in “reasonable fee” states the avoided cost is smaller and complexity-driven. Run your own numbers in the will vs trust breakeven calculator, check your state’s schedule in the probate cost table, and remember that estates under your state’s small-estate limit may skip formal probate anyway.
Five copy/paste questions for any trust quote
- Exactly which documents does this fee include — trust, pour-over will, both POAs, healthcare directive, HIPAA authorization?
- Does the fee include funding: preparing and recording the deed(s), and help retitling accounts? If not, what does that cost?
- What would you charge me for the same plan as a will-based package, and what does probate actually cost in this state?
- What do amendments or a full restatement cost later?
- Are there recording fees, transfer taxes, or notary costs outside your fee I should budget for?
What the trust is buying you, by state
A living trust is mostly a purchase of avoided probate, so its value is whatever probate would have cost — which varies more by state than by estate. Seven jurisdictions set fees by statutory percentage, where the avoided cost is large and exactly calculable: California, Florida, Nevada, Missouri, Arkansas, Iowa, Wyoming. In the other 44 the fee is “reasonable” and depends on the administration. Note also that most states’ small-estate shortcut does not clear a solely owned house, which is often the real reason a trust earns its keep. Check your state at probate cost by state.
The trust decision touches everything else
Retirement accounts, tax planning, and beneficiary coordination determine whether a trust helps or just adds paperwork — that judgment is what planners are for. See how the advisor matching services compare if you want help with the full picture.
Is a living trust worth it in your state?
Whether a trust pays for itself depends on what probate actually costs where you live, and on whether your state’s small-estate shortcut can clear a house; it cannot in most of them. Each row below is that state’s own short answer, from its own detail page.
| State | Short answer |
|---|---|
| Alabama | Alabama publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Alabama, a house in sole name does not qualify; the route is open only where the decedent “owns no real property at the time of his or her death”, so if the estate includes one the shortcut is closed and full administration is the default. The dollar figure: $47,000, the combined homestead allowance, exempt property and family allowance as adjusted, which is what the Small Estates Act sets the small-estate amount to (Ala. Code §43-2-691, as amended by Act 2025-431). |
| Alaska | Alaska publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Alaska, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000 of vehicles plus $50,000 of other personal property, net of liens, under AS 13.16.680. |
| Arizona | Arizona publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Arizona, real property can qualify, but only under the statutory cap, so a house above that figure closes the shortcut. The dollar figure: $200,000 of personal property and $300,000 of real property, both net of liens/encumbrances, under A.R.S. §14-3971. |
| Arkansas | this is one of only seven states where the arithmetic is not a guess. Arkansas writes probate compensation into statute, so the fee can be computed rather than estimated; and against the national premium of about $1,700 that a trust package costs over a will package, the statutory fee alone passes that figure at a gross estate of roughly $47,000. |
| California | this is one of only seven states where the arithmetic is not a guess. California writes probate compensation into statute, so the fee can be computed rather than estimated; and against the national premium of about $1,700 that a trust package costs over a will package, the statutory fee alone passes that figure at a gross estate of roughly $21,500. |
| Colorado | Colorado publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Colorado, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $88,000 (2026 deaths, per the same official JDF 999 form, R: April 28, 2026), personal property only, under C.R.S. §15-12-1201. |
| Connecticut | Connecticut publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Connecticut, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $40,000 of solely owned personal property, under C.G.S. §45a-273. |
| Delaware | Delaware publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Delaware, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $50,000 of personal property, under 12 Del. C. §2306. |
| District of Columbia | District of Columbia publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in District of Columbia, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $80,000, under D.C. Code §20-351. |
| Florida | this is one of only seven states where the arithmetic is not a guess. Florida writes probate compensation into statute, so the fee can be computed rather than estimated; and against the national premium of about $1,700 that a trust package costs over a will package, the statutory fee alone passes that figure at a gross estate of roughly $40,000. |
| Georgia | Georgia publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Georgia, there is no dollar figure to clear. Georgia publishes no general small-estate affidavit and no threshold; the route is a petition for an order declaring no administration necessary, which does carry the decedent’s real property and has no dollar cap. What it has instead are conditions: the state’s own form says it “should only be used when the decedent died intestate”, and O.C.G.A. §53-2-40(b) requires unanimous consent of the heirs. Making a will puts an estate outside it. |
| Hawaii | Hawaii publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Hawaii, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $100,000, under HRS §560:3-1201. |
| Idaho | Idaho publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Idaho, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000, net of liens/encumbrances, under Idaho Code §15-3-1201. |
| Illinois | Illinois publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Illinois, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $150,000 of personal property, under 755 ILCS 5/25-1. |
| Indiana | Indiana publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Indiana, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000 of personal property, under Ind. Code §29-1-8-1. |
| Iowa | this is one of only seven states where the arithmetic is not a guess. Iowa writes probate compensation into statute, so the fee can be computed rather than estimated; and against the national premium of about $1,700 that a trust package costs over a will package, the statutory fee alone passes that figure at a gross estate of roughly $36,500. |
| Kansas | Kansas publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Kansas, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $75,000, under K.S.A. 59-1507b. |
| Kentucky | Kentucky publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Kentucky, a house does not qualify; the exemption the shortcut is built on reaches “Personal property or money on hand or in a bank or other depository”, not land. The dollar figure: $30,000, under KRS 391.030(1)(c). |
| Louisiana | Louisiana publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Louisiana, a house can ride through it, but only if there is no will. The dollar figure: $200,000 gross value for someone who died domiciled in Louisiana, and $125,000 for Louisiana property left by someone domiciled elsewhere, under La. C.C.P. art. 3421. |
| Maine | Maine publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Maine, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: a $40,000 base, net of liens, adjusted for inflation under 18-C M.R.S. §1-108; and the current inflation-adjusted figure is not confirmed here; the courts’ form AF-102 carries the operative number. |
| Maryland | Maryland publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Maryland, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $50,000, or $100,000 if the surviving spouse is the sole heir/legatee, under Md. Code, Est. & Trusts §5-601. |
| Massachusetts | Massachusetts publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Massachusetts, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: personal property of $25,000 or less, excluding one motor vehicle, under MGL c.190B §3-1201. |
| Michigan | Michigan publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Michigan, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $53,000 for deaths in 2026, under MCL 700.3982. |
| Minnesota | Minnesota publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Minnesota, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $75,000, net of liens/encumbrances, under Minn. Stat. §524.3-1201. |
| Mississippi | Mississippi publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Mississippi, a house in sole name does not qualify for the affidavit; it reaches “tangible personal property” and debts owed to the decedent, not land. The dollar figure: $75,000, under Miss. Code §91-7-322(1)(a) as amended by 2020 S.B. 2850. A house left by will has its own route: probate as a muniment of title under §91-5-35, which needs no administration and is capped by that same $75,000, counted “exclusive of any interest in real property”. |
| Missouri | this is one of only seven states where the arithmetic is not a guess. Missouri writes probate compensation into statute, so the fee can be computed rather than estimated; and against the national premium of about $1,700 that a trust package costs over a will package, the statutory fee alone passes that figure at a gross estate of roughly $20,000. |
| Montana | Montana publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Montana, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000, net of liens/encumbrances, under MCA §72-3-1101. |
| Nebraska | Nebraska publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Nebraska, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000 of personal property, less liens/encumbrances, under Neb. Rev. Stat. §30-24,125. |
| Nevada | this is one of only seven states where the arithmetic is not a guess. Nevada writes probate compensation into statute, so the fee can be computed rather than estimated; and against the national premium of about $1,700 that a trust package costs over a will package, the statutory fee alone passes that figure at a gross estate of roughly $42,500. |
| New Hampshire | New Hampshire publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in New Hampshire, there is no dollar figure to qualify for. New Hampshire publishes no dollar-based small-estate threshold anywhere in its probate title; the route is waiver of administration under RSA 553:32, which turns on who inherits; a sole beneficiary or heir, or all of them acting together; rather than on what the estate is worth. A house is not excluded: the affidavit that closes the estate “shall list all real estate owned by the decedent at the time of death”. |
| New Jersey | New Jersey publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in New Jersey, a house does qualify; the statute is explicit that the route carries “all the real and personal assets without administration”. The dollar figure: $50,000 where a surviving spouse, civil-union partner or domestic partner claims, and $20,000 where the heirs do with written consent, under N.J.S.A. 3B:10-3 and 3B:10-4. Both are open only where the decedent died intestate. |
| New Mexico | New Mexico publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in New Mexico, a house in sole name does not qualify for the general affidavit, but a surviving spouse has a separate one. The dollar figure: $50,000 for the affidavit of successor in interest, which the New Mexico Judiciary describes as collecting from “the person holding the property” and names motor-vehicle titles as what it can retitle. For a home titled only in the deceased spouse’s name, the courts point the surviving spouse to a separate homestead affidavit filed six months after the death. |
| New York | New York publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in New York, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $50,000 in personal property, under SCPA Art. 13, §1301. |
| North Carolina | North Carolina publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in North Carolina, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $20,000 of personal property, or $30,000 if the surviving spouse is sole heir, under N.C.G.S. §28A-25-1. |
| North Dakota | North Dakota publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in North Dakota, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000, under N.D.C.C. §30.1-23-01. |
| Ohio | Ohio publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Ohio, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $35,000, or $100,000 when everything passes to the surviving spouse, under ORC §2113.03. |
| Oklahoma | Oklahoma publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Oklahoma, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $50,000 by small estate affidavit (58 O.S. §393), or $300,000 by summary administration (58 O.S. §245). |
| Oregon | Oregon publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Oregon, real property can qualify, but only under the statutory cap, so a house above that figure closes the shortcut. The dollar figure: $75,000 or less of fair-market-value personal property and $200,000 or less of real property, under ORS 114.510. |
| Pennsylvania | Pennsylvania publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Pennsylvania, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $50,000 of personal property, excluding real estate, funeral costs and certain family payments, under 20 Pa.C.S. §3102. |
| Rhode Island | Rhode Island publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Rhode Island, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $15,000, personal property only, under R.I. Gen. Laws §33-24-1. |
| South Carolina | South Carolina publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in South Carolina, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $45,000 for the entire probate estate, less liens/encumbrances, under S.C. Code §62-3-1201. |
| South Dakota | South Dakota publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in South Dakota, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000, under SDCL §29A-3-1201. |
| Tennessee | Tennessee publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Tennessee, this site cannot confirm the rule at an official source. Tennessee publishes its code only through a paid vendor, so the $50,000 figure and the personal-property-only limit widely quoted for Tenn. Code Ann. §§30-4-102 and 30-4-103; including on this page; are not ones we have been able to read in the state’s own text. Treat both as unconfirmed and check with the probate court or a licensed Tennessee attorney before relying on either. |
| Texas | Texas publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Texas, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $75,000, excluding homestead and exempt property, under Tex. Estates Code §205.001. |
| Utah | Utah publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Utah, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000, under Utah Code §75-3-1201. |
| Vermont | Vermont publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Vermont, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $45,000, where the estate consists entirely of personal property and there is no real estate (other than a timeshare), under 14 V.S.A. §1901(a). |
| Virginia | Virginia publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Virginia, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $75,000 of personal property, under Va. Code §64.2-601. |
| Washington | Washington publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Washington, a house in sole name does not qualify, whatever the dollar figure says; so if the estate includes one, the shortcut is closed and full administration is the default. The dollar figure: $100,000, under RCW 11.62.010. |
| West Virginia | West Virginia publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in West Virginia, real property cannot qualify at all, so a solely owned house closes the shortcut whatever the estate is worth. The dollar figure: $50,000 or less of probate personal property, and only where the decedent owned no probate real estate, under W. Va. Code §44-1A-2(a) as amended by HB 2867 (2025), effective July 9, 2025. |
| Wisconsin | Wisconsin publishes no percentage schedule, so anyone quoting you a firm probate figure is estimating. The question that is answerable here is the one that decides most cases: whether the estate can use the small-estate shortcut at all; and in Wisconsin, the statute does not say whether a house qualifies, which is an open question rather than permission. The dollar figure: $50,000, under Wis. Stat. §867.03. |
| Wyoming | this is one of only seven states where the arithmetic is not a guess. Wyoming writes probate compensation into statute, so the fee can be computed rather than estimated; and against the national premium of about $1,700 that a trust package costs over a will package, the statutory fee alone passes that figure at a gross estate of roughly $25,000. |
Coverage, stated honestly: 51 of 51 jurisdictions.
Methodology
This page was materially reviewed on July 23, 2026. Platform prices are from each company’s public pricing page as of that date; survey figures are attributed inline with publisher interests disclosed. Figures are educational benchmarks, not quotes. Nothing here is legal, tax, or personalized financial advice. See our Editorial Policy, Corrections, Affiliate Disclosure, and Disclaimer.
Once the trust exists, who pays the tax on it?
The cost of setting one up is a one-off. How it is taxed every year afterwards is the part that compounds:
- Grantor or non-grantor — every revocable living trust is a grantor trust and files nothing
- Trust brackets are severely compressed — a non-grantor trust hits the top rate almost immediately
- The 65-day rule has two deadlines, and missing the second one loses the benefit
- Distributing cash does not move capital gains out
- What the Kaestner decision actually held — narrower than it is usually described
Related asset decision: households funding a trust often also hold old whole-life policies whose job has ended. Before surrendering one to fund anything, run the surrender tax calculator — and if a policy loan is outstanding, read the loan-lapse tax trap first.
Funding a living trust usually raises the next cost question: what should the advisor who manages the assets inside it charge? Our 2026 advisor fee benchmark measured what 176 SEC-registered firms actually charge, and the advisor fee calculator turns any quote into annual dollars.
The basis question most trust pages skip: if an irrevocable trust moves the house out of your taxable estate, your heirs get no step-up in basis — the IRS confirmed it in Rev. Rul. 2023-2 — and the capital-gains bill can run to six figures. What you give up either way.
Pricing the rest of the paperwork: a power of attorney (median $300 standalone, or bundled free into a $149–$199 will plan), an advance directive (usually free), and the full package. Whether to use a platform at all: the four situations where DIY fails.