Living Trust in New Jersey: Costs, Probate, and How to Set One Up
Quick answer: A living trust in New Jersey typically costs about $1,500 to $3,500 when an attorney drafts it for one person ($2,500 to $5,000 for a couple), or a flat $299 online with 299Trust ($399 for a couple). New Jersey probate is more streamlined than in many states, but it still means a filing with the county Surrogate, an executor who can take a commission set by law, and a nine-month window for creditor claims. A trust can also help with something specific to New Jersey: assets held in a trust at death generally do not need a state tax waiver before they can be transferred. This guide covers what each option costs, what probate costs without a trust, and how a New Jersey trust is set up.
This guide was prepared from the New Jersey Statutes and New Jersey Division of Taxation sources, checked in November 2026. It is general education, not legal advice.
How Much Does a Living Trust in New Jersey Cost?
The price of a living trust in New Jersey depends mostly on who prepares it. There are three common options.
New Jersey estate planning attorney: roughly $1,500 to $3,500 for one person and $2,500 to $5,000 for a couple, depending on the firm and what is included. Fees tend to run higher in the New York City suburbs. These are typical estimates, not quotes. Our living trust cost guide compares prices across states.
Online platforms: usually $199 to $599. Documents are generated from a questionnaire. Some charge a yearly subscription on top.
299Trust: $299 for an individual or $399 for a couple, one time, with no subscription. You answer a short questionnaire, the software creates your New Jersey documents, and they are emailed to you.
Every 299Trust plan includes six documents:
Last Will & Testament (includes guardianship nominations for minor children)
Revocable Living Trust
Medical Power of Attorney
Durable Financial Power of Attorney
Final Wishes Document
Advance Healthcare Directive
Two small extra costs are common with any option. A notary usually charges a modest fee per signature. Moving a home into a trust means signing a new deed and recording it with the county clerk where the home sits, and the clerk charges a recording fee.
Plans and prices are on our pricing page.
What Does Probate Cost in New Jersey Without a Trust?
New Jersey probate starts with the Surrogate in the county where the person lived. It is more streamlined than probate in some states, but it still means filings, fees, and months of waiting before heirs receive everything.
Want to see the numbers for a New Jersey estate? Try our probate cost calculator
Executor commissions set by law
New Jersey sets the commission an executor may take on the estate's principal: 5% of the first $200,000, 3.5% of the amount over $200,000 up to $1,000,000, and 2% of anything over $1,000,000, plus 1% for each additional executor (N.J.S.A. 3B:18-14). A court can reduce the commission only if a beneficiary shows the work was materially deficient or substantially less than usual for an estate of that size. Executors can also take separate commissions on income the estate earns. Family members who serve often waive their commission. Attorney fees are separate.
How long New Jersey probate takes
A will cannot be admitted to probate until 10 days after the death (N.J.S.A. 3B:3-22). Creditors then have nine months from the date of death to present their claims to the executor (N.J.S.A. 3B:22-4), so many executors wait out that window before making final distributions. Many New Jersey estates take nine months to a year or more to close.
Small estate shortcuts and their limits
When someone dies without a will and the total value of their real and personal assets is $50,000 or less, a surviving spouse, civil union partner, or domestic partner can collect those assets by affidavit at the county Surrogate's office (N.J.S.A. 3B:10-3). With no surviving spouse or partner, the limit is $20,000 and the other heirs must consent in writing (N.J.S.A. 3B:10-4). These shortcuts apply only when there is no will, and a New Jersey home usually puts an estate well over the limits.
Example: a $500,000 estate
Take a hypothetical $500,000 estate made up of a Bergen County home and savings, with no trust. The home is sold and the money is paid out to the heirs. If the executor took the full commission allowed on principal, 5% of the first $200,000 ($10,000) plus 3.5% of the next $300,000 ($10,500) comes to $20,500, before attorney fees and court costs. A living trust in New Jersey for the same family costs $299 (or $399 for a couple), paid once. For assets that were titled in the trust, the successor trustee can generally handle the transfer without a probate case. Every estate is different, so these figures are estimates for illustration.
Create your New Jersey living trust online
$299 for an individual or $399 for a couple, one time, with no subscription. BBB A+ rated. Answer a short questionnaire and your New Jersey documents are emailed to you.
More approaches are covered in our guide on how to avoid probate.
Why a Living Trust in New Jersey Can Still Make Sense
Because New Jersey probate is manageable for many families, a will alone is sometimes enough. A trust tends to help most in a few situations that are specific to New Jersey.
Tax waivers and frozen accounts
New Jersey inheritance tax is a lien on a deceased person's property. With certain exceptions, banks, brokerages, and others need a written tax waiver from the Division of Taxation before they transfer a New Jersey resident's assets to a beneficiary, and until then a bank can generally release no more than 50% of the funds. Certain close relatives can use a self-executing Form L-8 for bank and brokerage accounts, but that form does not cover real estate. The Division of Taxation states that assets held in the name of a bona fide trust at the date of death do not require a tax waiver to be transferred (New Jersey Division of Taxation). Trust assets still have to be reported on any required inheritance tax return.
No transfer-on-death deed for New Jersey homes
Many states let homeowners record a transfer-on-death deed that passes a house at death without probate. New Jersey law does not currently provide one for real estate. A bill to create it, Senate Bill 3679, was reported out of a Senate committee in May 2026 but had not become law when this guide was checked. For now, a New Jersey home owned in one person's name generally goes through probate unless it is held in a trust or passes by survivorship, such as a home spouses own together as tenants by the entirety.
Property in other states, privacy, and incapacity
A shore house in another state or a condo in Florida can mean a second probate case where that property sits. A trust can hold property in more than one state. Probate filings are court records, while a trust usually stays private. A successor trustee can also manage trust assets if the owner becomes unable to, without a court-appointed guardian for those assets.
Does a Living Trust Avoid New Jersey Inheritance Tax?
No. New Jersey has imposed no estate tax for deaths on or after January 1, 2018, but it still has an inheritance tax, and the rate depends on how each beneficiary was related to the person who died (New Jersey Division of Taxation).
Class A, no tax: spouses, civil union and domestic partners, children, stepchildren, grandchildren, and parents.
Class C: siblings and sons- or daughters-in-law. The first $25,000 is not taxed; amounts above that are taxed at 11% to 16%.
Class D: most other people, including nieces, nephews, and friends, at 15% on the first $700,000 and 16% above that.
Class E, no tax: qualifying charities and certain public institutions.
A revocable living trust does not change these rates. A niece who inherits $100,000 would generally owe about $15,000 whether the money comes through a will or a trust. The federal estate tax applies only to estates over $15 million per person.
How Do You Set Up a Living Trust in New Jersey?
Setting up a living trust in New Jersey generally follows six steps. Some people work with an attorney and others use an online service; our article on whether you can set up a trust without an attorney compares the two.
List the assets. The home, bank and brokerage accounts, vehicles, and any shore or rental property.
Choose a successor trustee. This person takes over at death or if the owner can no longer manage their affairs. Our guide explains what a successor trustee does.
Create the trust document. A revocable living trust states that the person creating it can change or cancel it, names the trustee and beneficiaries, and names a successor trustee. Our guide to revocable vs irrevocable trusts explains the difference.
Sign in front of a notary. Banks and title companies usually expect a notarized signature before they accept a trust.
Fund the trust. Record a new deed moving the New Jersey home into the trust, and retitle accounts. Our guides to funding a living trust and putting a house in a trust walk through each step.
Line up beneficiary designations. Retirement accounts and life insurance pass by their beneficiary forms, so those should fit the overall plan.
Common Mistakes With New Jersey Living Trusts
Not funding the trust. Signing the trust is only half the job. Assets that are never retitled into it may still go through probate and still need tax waivers.
Forgetting to record the deed. A New Jersey home is not in the trust until a new deed is signed and recorded with the county clerk.
Relying on a transfer-on-death deed form. New Jersey does not currently recognize these deeds for real estate.
Expecting inheritance tax savings. A revocable trust does not lower New Jersey inheritance tax for Class C or Class D heirs.
Naming a successor trustee without a backup. If the first choice can't serve, a named backup avoids delays.
Overlooking out-of-state property. A vacation home left outside the trust can mean probate in a second state.
Is a Living Trust in New Jersey Worth It?
It depends on each person's situation. A living trust tends to be most useful for people who:
Own a New Jersey home in their name alone.
Own property in another state.
Want to avoid tax-waiver holds on accounts and real estate.
Have minor children and want to nominate a guardian and control when they inherit.
Want privacy, since probate filings are court records.
Want a plan for incapacity, so a successor trustee can step in.
People who rent, have modest savings, and have beneficiaries named on every account may find a will covers their needs. A licensed New Jersey attorney can help evaluate a specific situation.
Create your New Jersey living trust online
$299 for an individual or $399 for a couple, one time, with no subscription. BBB A+ rated. Answer a short questionnaire and your New Jersey documents are emailed to you.
Frequently Asked Questions
Does a living trust in New Jersey avoid probate? Generally yes, for assets that are properly titled in the trust. Assets left outside the trust may still go through probate, which is why most trust-based plans also include a pour-over will.
Is a will still needed with a living trust? Most trust-based plans include a pour-over will. It moves anything left outside the trust into it, and it is where a guardian for minor children is nominated. A New Jersey will must be in writing, signed, and signed by at least two witnesses (N.J.S.A. 3B:3-2). Every 299Trust plan includes one. Learn more about the pour-over will.
Does New Jersey have an estate tax? No, not for deaths on or after January 1, 2018. New Jersey still has an inheritance tax for some beneficiaries.
How long does probate take in New Jersey? A will cannot be probated until 10 days after death, and creditors have nine months to present claims, so many estates take nine months to a year or more.
Can a transfer-on-death deed be used for a New Jersey home? Not currently. New Jersey has no transfer-on-death deed law for real estate, although a bill to create one was pending in 2026.
Is 299Trust a law firm? No. 299Trust is do-it-yourself self-help software. It does not give legal advice or represent anyone. Compare 299Trust plans.
Disclaimer: This article is provided for general educational and informational purposes only and does not constitute legal advice. 299Trust is not a law firm and does not provide legal representation. Laws vary by state, and individual circumstances may require consultation with a licensed attorney.
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