Small estate affidavit · New York
Small estate affidavit in New York
When the estate is small enough, New York lets heirs collect assets with a sworn affidavit instead of opening probate.
In New York, an estate with sole-name assets under $50,000 can usually be settled with the Affidavit of Voluntary Administration (SCPA § 1301) under SCPA § 1301. Wait 30 days after death. Present the notarized affidavit and a certified death certificate at each bank.
Quick facts
| Threshold | $50,000 |
|---|---|
| Statute | SCPA § 1301 |
| Form | Affidavit of Voluntary Administration (SCPA § 1301) |
| Wait period | 30 days |
Verify with the Surrogate Court before filing. Numbers move year to year.
Step by step
Confirm the estate qualifies
Add the date-of-death value of all sole-name assets. New York allows the affidavit when the total falls under $50,000, under SCPA § 1301.
Wait 30 days
New York requires waiting 30 days after death before using the affidavit, allowing creditors time to come forward.
Complete the Affidavit of Voluntary Administration (SCPA § 1301)
Use the form published by Surrogate Court or the state revenue department. List every asset, every heir, and your relationship to the deceased.
Sign before a notary
The affidavit must be sworn in front of a notary public. Many banks notarize without charge for account holders.
Present at each institution
Bring the original notarized affidavit and a certified death certificate to each bank, brokerage, or DMV. They release the asset directly to the named heir.
Common questions
What is the small estate threshold in New York?
New York sets the threshold at $50,000 under SCPA § 1301. Estates below that line can usually use the affidavit instead of full probate.
What form does New York use?
New York uses the Affidavit of Voluntary Administration (SCPA § 1301). Download it from the Surrogate Court or the state court website.
Does it transfer real estate?
Usually not. The small estate affidavit covers personal property and accounts. Real property in most states needs a separate affidavit, a TOD deed, or full probate.
Do I still need a death certificate?
Yes. Every institution that releases an asset under the affidavit will ask for a certified death certificate alongside the notarized form.
What if I find more assets later?
If new assets push the total above $50,000, you may need to open full probate at the Surrogate Court. Track every asset you find.
Where in New York
In New York, the small estate affidavit is presented at the Surrogate Court in the county where your relative lived at death. These three counties handle the largest caseload.
- County seat
Kings County
Surrogate Court - courthouse in Brooklyn
- County seat
Queens County
Surrogate Court - courthouse in Jamaica
- County seat
New York County
Surrogate Court - courthouse in Manhattan
Every New York county has its own Surrogate Court clerk. Filing fees and processing time vary by county.