Small estate affidavit in New York: limit, waiting period, form and where to file
New York lets heirs collect a small estate with the Affidavit in Relation to Settlement of Estate Under Article 13, SCPA instead of probate when the estate is under $50,000, and no probate has been opened. The affidavit is filed with the county court.
| Limit | $50,000 — of personal property (real property is not counted but can't be transferred this way) |
|---|---|
| Waiting period | None — certified death certificate required |
| With a will? | Works with or without a will; with a will the proceeding is called voluntary administration and the original will is filed with it. |
| Real estate? | Any real estate in the person's sole name means full administration or probate. |
| Form | Affidavit in Relation to Settlement of Estate Under Article 13, SCPA N.Y. SCPA §§1301–1312 |
| Where it goes | Filed with the county probate court, which issues certified copies for the bank |
| Signing | Filed with the Surrogate's Court of the county where the person lived; fee $1; the court issues certificates the bank accepts |
Check whether your estate qualifies in New York
New York · six questions
Some states file with the county court; others never go to court — the affidavit goes straight to the bank or DMV. The county decides the office and the fee.
Bank accounts, vehicles, final paychecks, personal property. Leave out joint accounts, accounts with a named beneficiary, and life insurance — those pass without probate anyway.
Most states make you wait 10–45 days before the affidavit can be signed or filed.
Your next 60 days
What makes New York different
New York's courts run a free online program that builds the entire small-estate filing from an interview. It is the best tool in the country for this, so this site sends New Yorkers there rather than charging for a packet.
The affidavit is filed with the Surrogate's Court for $1 and the court issues certificates — one per asset — that the bank or DMV needs. Ask for enough certificates at filing; each extra one later means another trip.
Only personal property counts and only personal property passes. A car counts; a co-op apartment doesn't pass this way even though it's technically personal property.
New York counties: office, fee, local form
The state sets the rule; the county sets the counter. These are the New York counties people ask about most:
$1NY · FILES WITH COURTKings County small estate affidavitSurrogate's Court, 2 Johnson St, Brooklyn
$1NY · FILES WITH COURTQueens County small estate affidavitSurrogate's Court, 88-11 Sutphin Blvd, Jamaica
$1NY · FILES WITH COURTSuffolk County small estate affidavitSurrogate's Court, 320 Center Dr, Riverhead
$1
Step by step in New York
- Order certified death certificates. Five or more from the county vital records office; every holder keeps one.
- Inventory the estate. Everything in the person's sole name with no beneficiary. Compare the total to New York's limit ($50,000).
- Get the will filed (if any). Works with or without a will; with a will the proceeding is called voluntary administration and the original will is filed with it.
- Complete and sign the New York form. Affidavit in Relation to Settlement of Estate Under Article 13, SCPA. Filed with the Surrogate's Court of the county where the person lived; fee $1; the court issues certificates the bank accepts.
- File with the county court. The clerk issues certified copies; take one to each bank, the DMV and the employer.
- Pay debts, then distribute. Funeral and last medical bills first, then known creditors, then heirs as the statute directs. Keep receipts.
If the bank refuses
New York banks reject affidavits for the same four reasons as everywhere else: the branch doesn't know N.Y. SCPA §§1301–1312, the bank wants its own form as well, the waiting period was miscounted, or they want the court's certified copy rather than your original. Each has a fix that doesn't need a lawyer; the $49 packet includes the affidavit versions Bank of America, Chase, U.S. Bank and Wells Fargo use.
When New York requires probate instead
Over the limit, real estate the affidavit can't move, a dispute between heirs, or a creditor who won't accept the affidavit — any of these means a probate track: summary or formal administration. The checker above switches to a probate timeline when that's the case and can connect you with a probate attorney licensed in New York; the attorney pays the referral fee, you don't.
Common questions
What is the small estate limit in New York?
$50,000 — of personal property (real property is not counted but can't be transferred this way). Assets that pass outside probate (joint accounts, payable-on-death accounts, life insurance, trust assets) are not counted.
How long do I have to wait to file a small estate affidavit in New York?
New York has no waiting period; you need the certified death certificate. The affidavit is filed with the county court after that.
Does the New York small estate affidavit work if there is a will?
Works with or without a will; with a will the proceeding is called voluntary administration and the original will is filed with it.
Can I use a small estate affidavit for a house in New York?
Any real estate in the person's sole name means full administration or probate.
Do I need a lawyer for a small estate affidavit in New York?
No. The form is published by the state and completed by the heir. A lawyer is worth consulting when the estate is over the limit, when there's real estate the affidavit can't move, or when heirs disagree — the checker on this page flags each of those.
Which New York counties are covered?
New York County, Kings County, Queens County, Suffolk County. Each county page names the office, the fee and any local form requirement.
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