New York Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Voluntary Administration (Small Estate Affidavit / Settlement of Small Estates Without Administration)

Filed with the court

Dollar limit

• $50,000 — for all death dates

What counts toward the limit: Personal property only, gross value $50,000 or less, excluding property required to be set off to the family under EPTL 5-3.1(a) (exempt family property). Real property is not counted but also cannot be administered through this procedure; jointly-held and beneficiary-designated assets pass outside it.

Waiting period

No statutory waiting period.

Will requirement

Available with or without a will.

Notarization & approval

Notarization is required. Court approval is required before use.

Where the papers go

Surrogate's Court — filed with the clerk of the court of the decedent's county of domicile, together with a certified copy of the death certificate (SCPA 1304). Filing fee: $1.00.

Official form

Small Estate Affidavit — Affidavit of Voluntary Administration (free DIY Form program generates the official form)

Statute

N.Y. SCPA § 1301 (definition of small estate); N.Y. SCPA § 1303 (who may act as voluntary administrator); N.Y. SCPA § 1304 (summary procedure; affidavit filing, $1 fee, short certificate)

Who inherits without a will in New York

New York’s intestacy statute (N.Y. EPTL § 4-1.1) controls when there is no will.

Spouse, no descendants

Spouse and no issue: the whole estate to the spouse.

Spouse and descendants

Spouse and issue: fifty thousand dollars ($50,000) and one-half of the residue to the spouse; the balance to the issue by representation.

Descendants only

Issue and no spouse: the whole to the issue, by representation.

After spouse/issue: whole to surviving parent(s); then to issue of parents by representation; then split between maternal/paternal grandparents and their issue; then great-grandchildren of grandparents per capita by side. Half-blood relatives are treated as whole-blood; posthumously conceived children may take as if born in the decedent's lifetime; adoptees' rights follow the Domestic Relations Law.