Small Estate Affidavit in New York
How to collect a loved one's property in New York without full probate: the dollar limit, waiting period and official form.
Short answer: New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). N.Y. Surr. Ct. Proc. Act §§ 1301, 1302, 1303
| Small estate affidavit | New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). It does not apply to real estate in New York. The surviving spouse has first priority to act as voluntary administrator, then the next adult distributee; if there is a will, the named executor has first right once the will is filed. The statute sets no waiting period after death. |
|---|---|
| Simplified probate | The small-estate voluntary administration procedure (personal property of $50,000 or less) is the main simplified option. Larger estates, and estates with New York real estate, go through full probate (with a will) or administration (without a will) in the Surrogate's Court. |
| Deadline for creditor claims | Creditors should present claims within 7 months from the date letters are first issued. A claim presented later can still be pursued, but the fiduciary is not liable for estate assets already paid out in good faith to other claims or to beneficiaries before the late claim arrived. Source: N.Y. Surr. Ct. Proc. Act § 1802 |
More New York estate law
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FAQ
What is the small estate limit in New York?
New York uses 'voluntary administration' in the Surrogate's Court for small estates: available when the decedent left personal property worth $50,000 or less (not counting property set aside for the family under EPTL 5-3.1). It does not apply to real estate in New York. The surviving spouse has first priority to act as voluntary administrator, then the next adult distributee; if there is a will, the named executor has first right once the will is filed. The statute sets no waiting period after death.
Is there a simplified probate process in New York?
The small-estate voluntary administration procedure (personal property of $50,000 or less) is the main simplified option. Larger estates, and estates with New York real estate, go through full probate (with a will) or administration (without a will) in the Surrogate's Court.
How long do creditors have to file claims against an estate in New York?
Creditors should present claims within 7 months from the date letters are first issued. A claim presented later can still be pursued, but the fiduciary is not liable for estate assets already paid out in good faith to other claims or to beneficiaries before the late claim arrived.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.