New York Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a decedent's successor collect the decedent's personal property without a full estate proceeding; New York does this through voluntary administration under SCPA Article 13.

2. 2

   A small estate is one in which the decedent left personal property having a gross value of $50,000 or less (SCPA 1301).

3. 3

   Property required to be set off under EPTL 5-3.1(a) for a surviving spouse or children is excluded when measuring the $50,000 gross value (SCPA 1301).

4. 4

   New York sets no fixed number of days after death before the proceeding may start; voluntary administration is commenced by filing the affidavit with the Surrogate's Court.

5. 5

   The small estate affidavit is filed with the Surrogate's Court of the county where the decedent was domiciled, not presented first to a bank, and the court appoints a voluntary administrator.

6. 6

   Voluntary administration reaches personal property only; New York real property owned solely by the decedent is not administered through this proceeding.

7. 7

   A certified copy of the death certificate and the original will, if the decedent left one, are filed with the affidavit.

New York Requirements for Small Estate Affidavit

• Voluntary Administration, Not a Bank Affidavit

  New York settles a small estate through voluntary administration under SCPA Article 13. The small estate affidavit is filed with the Surrogate's Court, which appoints a voluntary administrator, rather than being handed directly to a bank as in many other states.

• $50,000 Gross Personal Property Limit

  Voluntary administration is available only when the decedent left personal property having a gross value of $50,000 or less (SCPA 1301). Property required to be set off under EPTL 5-3.1(a) for a surviving spouse or children is excluded when measuring that gross value.

• No Statutory Waiting Period

  New York sets no fixed number of days after death before a voluntary administration proceeding may begin (SCPA Article 13). The proceeding is commenced by filing the small estate affidavit with the Surrogate's Court once the death certificate and other papers are in hand.

• Filed With the Surrogate's Court

  The small estate affidavit is filed with the Surrogate's Court of the county where the decedent was domiciled at death (SCPA Article 13). The court appoints the voluntary administrator and issues certificates that the administrator presents to the banks or institutions holding the decedent's personal property.

• Personal Property Only

  New York voluntary administration reaches personal property only, such as bank accounts, wages, and securities (SCPA 1301). Real property owned solely by the decedent is not administered through this proceeding and passes by other means.

• Certified Death Certificate and Original Will

  A certified copy of the decedent's death certificate is filed with the small estate affidavit, along with the original will if the decedent left one (SCPA Article 13). These papers support the filing with the Surrogate's Court.

• Who May Serve as Voluntary Administrator

  The person entitled to serve, in the order set by SCPA Article 13, files as voluntary administrator, typically the executor named in the will or, with no will, a distributee such as a surviving spouse or child. The administrator signs under oath and is accountable to the Surrogate's Court.

• Pay Debts, Then Distribute

  After appointment, the voluntary administrator collects the personal property, pays the decedent's debts and funeral expenses in the order set by law, and distributes the remainder to those entitled (SCPA Article 13). Because the affidavit is filed under oath, do not file it if the facts are uncertain.