New York Small Estate Affidavit
New York settles a small estate through voluntary administration under SCPA 1301 when the decedent's personal property has a gross value of $50,000 or less. The small estate affidavit is filed with the Surrogate's Court, not handed to a bank. Attorney review available.
Introduction
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 of a small estate under the Surrogate's Court Procedure Act (SCPA) Article 13. The affidavit is filed with the Surrogate's Court of the county where the decedent lived, and the court appoints a voluntary administrator who collects and distributes the assets. A small estate is defined as one in which the decedent left personal property having a gross value of $50,000 or less, exclusive of property required to be set off under EPTL 5-3.1(a) for a surviving spouse or children (SCPA 1301). New York sets no fixed number of days after death before the proceeding may be started; it is commenced by filing the affidavit. Voluntary administration reaches personal property only; real property owned solely by the decedent is not administered this way. A certified copy of the death certificate and the original will, if any, are filed with the affidavit. DocDraft builds your New York small estate affidavit from your facts, with attorney review available before you file.
Key Things to Know
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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.
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A small estate is one in which the decedent left personal property having a gross value of $50,000 or less (SCPA 1301).
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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).
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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.
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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.
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Voluntary administration reaches personal property only; New York real property owned solely by the decedent is not administered through this proceeding.
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A certified copy of the death certificate and the original will, if the decedent left one, are filed with the affidavit.
Key decisions before you file
Before you file a Small Estate Affidavit in New York, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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New York Requirements for Small Estate 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.
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.
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.
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.
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.
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.
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.
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.
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In New York it is the affidavit that starts voluntary administration of a small estate under SCPA Article 13. Instead of handing an affidavit to a bank, the successor files it with the Surrogate's Court, which appoints a voluntary administrator to collect and distribute the assets. A small estate is one where the decedent left personal property with a gross value of $50,000 or less (SCPA 1301). Voluntary administration is usually the fastest, cheapest way to settle a small New York estate.
Probate or full administration is a court-supervised process that issues letters to an executor or administrator to gather assets, pay debts, and distribute what remains, and it can take many months. New York voluntary administration is a streamlined version for qualifying small estates: under SCPA Article 13 the successor files a small estate affidavit and is appointed voluntary administrator. It is available only when the decedent's personal property has a gross value of $50,000 or less (SCPA 1301).
The decedent's personal property must have a gross value of $50,000 or less (SCPA 1301). Property required to be set off to a surviving spouse or children under EPTL 5-3.1(a) is excluded when measuring that gross value, so the countable amount can be below the total the decedent owned. If the personal property is above $50,000, voluntary administration is not available and the estate goes through full administration or probate in New York.
New York sets no fixed number of days after death before a voluntary administration proceeding may begin. Unlike states that require 30 or 40 days, the New York proceeding under SCPA Article 13 is commenced by filing the small estate affidavit with the Surrogate's Court, once the death certificate and other papers are in hand. In practice you file as soon as you have gathered the affidavit, the certified death certificate, and the original will if there is one.
The small estate affidavit is filed with the Surrogate's Court of the county where the decedent was domiciled at death (SCPA Article 13). New York voluntary administration is a court proceeding, not an affidavit handed straight to a bank. After the court accepts the affidavit and appoints the voluntary administrator, it issues certificates that the administrator presents to the banks or other institutions holding the decedent's personal property.
No. New York voluntary administration under SCPA Article 13 reaches personal property only, such as bank accounts, wages, and securities. Real property owned solely by the decedent is not administered through voluntary administration and passes by other means, such as the will through probate, or by survivorship. A New York estate that includes solely owned real estate is therefore handled differently from one with only personal property.
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. A certified copy of the death certificate is filed with the affidavit, along with the original will if the decedent left one (SCPA Article 13). The voluntary administrator signs under oath and is accountable to the Surrogate's Court.
After the Surrogate's Court accepts the small estate affidavit, it issues certificates to the voluntary administrator, who uses them to collect the decedent's personal property from banks and other holders (SCPA Article 13). The administrator then pays the decedent's debts and funeral expenses in the order set by law and distributes the remainder to those entitled. Because the affidavit is filed under oath, it should not be filed if the facts are uncertain.