The New York Small Estate Affidavit is an affidavit written by the survivors of an estate when a family member has passed away with or without making a will. Learn how to write a free New York Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A New York small estate affidavit form, also known as a New York Affidavit of Voluntary Administration form, is used in the event that the decedent had a limited amount of assets. To qualify as a small estate in New York, the estate in question must be valued at less than $30,000. A New York Small Estate Affidavit can be used for the collection of both personal property and real estate as long as the total value of the estate falls below the $30,000 limit established for small estates.
New York Small Estate Affidavit Requirements
- The decedent must be a resident of the State of New York.
- Falls under New York Consolidated Laws: Surrogates Court Procedure Act 1310 – Estate Settlement without Probate Court Administration.
- The estate in question must be valued at less than $30,000.
- Thirty days must have elapsed from the date the decedent passed away.
- Must be filed in the local surrogates court of New York in the county where the decedent resided at the time of death.
How to Write a New York Small Estate Affidavit Form
First of all, fill in the name of the decedent in the estate section at the top of the affidavit. Depending on the relationship with the decedent, check the box in Section A to represent the spouse or the box in Section B to represent the heirs. If Section B is checked, make sure to include a table of heirs form as an attachment with all the pertinent information and signatures of each.
Section C should be filled out only by creditors of the estate. The affiant will now sign and enter their social security number in the presence of a notary.
Free New York Small Estate Affidavit Form
Once the document is signed, dated and sealed by the notary, the New York small estate affidavit must be mailed to the New York Office of Unclaimed Funds to be filed with the state.
Write and print a free New York Small Estate Affidavit online.