Delaware vs New York: Legal Cost Comparison (2026)
Full side-by-side breakdown of legal fees in Delaware and New York — LLC formation, divorce filing, small claims limits, and notary fees.
LLC Formation Costs: Delaware vs New York
| Metric | Delaware | New York | Winner |
|---|---|---|---|
| Filing Fee | $90 | $200 | Delaware |
| Annual Report | $300 | $9 | New York |
| Publication Cost | $0 | $200 | Delaware |
| Franchise Tax | $0 | $25 | Delaware |
| Est. Year-1 Total | $90 | $425 | Delaware |
Filing Fee
Delaware is cheaper here
Annual Report
New York is cheaper here
Publication Cost
Delaware is cheaper here
Franchise Tax
Delaware is cheaper here
Est. Year-1 Total
Delaware is cheaper here
Delaware: Delaware's $300 annual franchise fee makes ongoing costs high for small businesses that don't benefit from its court system.
New York: New York's publication requirement forces new LLCs to publish in two newspapers for 6 weeks — costing $1,000–$2,000 in NYC, or $40–$150 upstate.
Delaware: Most investor-friendly state — preferred if you plan to raise venture capital or have multiple members.
New York: NYC access — unmatched for finance, media, fashion, and tech businesses.
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Small Claims Court: Delaware vs New York
| Metric | Delaware | New York | Winner |
|---|---|---|---|
| Max Claim Limit | $25,000 | $10,000 | Delaware |
| Min Filing Fee | $35 | $15 | New York |
| Contract SOL | 3 yrs | 6 yrs | New York |
Max Claim Limit
Delaware is cheaper here
Min Filing Fee
New York is cheaper here
Contract SOL
New York is cheaper here
Divorce Filing Costs: Delaware vs New York
| Metric | Delaware | New York | Winner |
|---|---|---|---|
| Filing Fee | $165 | $335 | Delaware |
| Sheriff Service | $60 | $60 | Tie |
| Children Surcharge | $0 | $0 | Tie |
Filing Fee
Delaware is cheaper here
Sheriff Service
It's a tie
Children Surcharge
It's a tie
Notary Fees: Delaware vs New York
| Metric | Delaware | New York |
|---|---|---|
| Acknowledgment | $5 | $2 |
| Jurat | $5 | $2 |
| RON Fee | $25 | $25 |
Acknowledgment
Jurat
RON Fee
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