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Small estate affidavit in New York (2026)

In New York, heirs can collect up to $50,000 without probate with a sworn affidavit (Small estate affidavit / voluntary administration (SCPA Article 13)). There is no waiting period. Real estate: not covered. Last checked .

New York at a glance

Affidavit cap
$50,000
Value counted
Gross value (debts not subtracted)
Waiting period
None
If there is a will
Can still be used
File with a court
Yes
Real estate
Not covered
Court shortcut
Letters of administration / probate in Surrogate's Court

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

  • In New York the affidavit (or a related form) must be filed with the court in some or all cases — see the rules.

New York cap for this date of death

$50,000

A worked example for New York

Say a parent who lived in New York died on March 1, 2026, leaving $40,000 in a bank account in their name only and no house. $40,000 is within the $50,000 cap for that date of death, so the family can use the affidavit right away.

The rules in New York

  • The affidavit. A voluntary administrator files an affidavit and certified death certificate with the Surrogate's Court clerk; the clerk issues a short certificate that the administrator shows to banks and other holders to collect personal property.
  • Cap. Personal property with a gross value of $50,000 or less, not counting EPTL 5-3.1 set-off property.
  • What counts. Personal property only (gross value).
  • What doesn't count. Property set off to the family under EPTL 5-3.1(a); real property (Article 13 does not apply to real property, but owning it does not bar use for personal property).
  • Waiting period. No waiting period after death.
  • Conditions. Works with or without a will (if a will exists it is filed with the Surrogate's Court). No bond. Powers end when a regular fiduciary is appointed. The voluntary administrator cannot pursue wrongful-death or personal-injury claims and cannot sell or transfer real property.
  • Who can sign. Intestate: surviving adult spouse first, then an adult child or grandchild, parent, sibling, niece/nephew or aunt/uncle, then certain guardians, then the county chief fiscal officer. Testate: the named executor first, then a person entitled to letters with will annexed.
  • Court filing. Filed with the Surrogate's Court clerk in the county of domicile (or where property is, for non-domiciliaries); no court order needed; the clerk mails notice to distributees.
  • Fee. $1 filing fee for the affidavit (SCPA 1304(4)); certificates may cost extra.

Houses, land and vehicles

  • Real estate. Article 13 does not apply to real property; land needs probate or administration (or passes by joint ownership/deed).
  • Vehicles. A surviving spouse (or children under 21) can take one vehicle worth $25,000 or less with DMV affidavit MV-349.1 (EPTL 5-3.1). If there is no will, estate, surviving spouse or minor child and the vehicle is worth $25,000 or less, DMV form MV-349 is used. More than one vehicle, or one worth over $25,000, becomes part of the estate and is transferred by the executor, administrator or voluntary administrator.

When the affidavit isn't enough

New York has no separate summary court procedure; estates over $50,000 in personal property, or needing real property sales or lawsuits, go through administration or probate.

Good to know in New York

  • Without any court filing, banks and other debtors may pay a surviving spouse up to $30,000 at once, and after 30 days may pay up to $15,000 to a spouse, adult child, parent, sibling, niece/nephew or funeral payer on affidavit (SCPA 1310).
  • nysenate.gov and nycourts.gov block scripted access; statute text was read in a browser.
  • The NY Courts small-estate page says that if the decedent owned real property in their name alone it is not a small estate (probate or administration should be filed), although SCPA 1302 says owning real property does not prevent using Article 13 for personal property.
  • The court page also advises filing probate or administration instead of a small estate when a wrongful-death or other lawsuit is possible.

Official help and forms

Sources

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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