Free New York Small Estate Affidavit

Complete New York's official SEAFF09 Affidavit in Relation to Settlement of Estate Under Article 13, SCPA for estates up to $50,000. N.Y. SCPA §§ 1301-1312 (Article 13).

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Your Information

The New York affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About New York Small Estate Affidavits

Yes — SEAFF09 Affidavit in Relation to Settlement of Estate Under Article 13, SCPA, and its use is required. This tool completes the official form with the estate, successor, and property details.

$50,000, per N.Y. SCPA §§ 1301-1312 (Article 13). This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

Intestate: the surviving adult spouse, then a competent adult child, grandchild, parent, sibling, niece/nephew, or aunt/uncle, then a guardian or committee of a distributee, then the county chief fiscal officer or public administrator. Testate: the named executor or alternate executor; if the named executor renounces or fails to qualify within 30 days of filing the will, any adult eligible for letters of administration with will annexed. No other person may become a voluntary administrator. N.Y. SCPA § 1303.

Filed with the clerk of the Surrogate's Court of the county of the decedent's domicile (for a non-domiciliary, the county where the personal property is located), with a certified copy of the death certificate; the clerk files the affidavit, assigns it a number, and charges a $1 filing fee (SCPA § 1304). The court issues a short form certificate; the voluntary administrator collects each asset by delivering the certificate and a receipt (SCPA § 1305), and a certified copy of the affidavit is prima facie proof of the facts stated (SCPA § 1306).

Delivery of the court's short form certificate, the voluntary administrator's receipt, and surrender of any evidentiary document 'shall constitute a complete release and discharge for any payment of money or delivery of personal property made pursuant to the certificate,' without the payor being required to see to the application thereof (SCPA § 1305).

Personal property only: a small estate is 'the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000 or less' exclusive of property set off under EPTL 5-3.1(a) (SCPA § 1301). Real property is not administered under Article 13. N.Y. SCPA § 1301.

Small Estate Collection in New York

New York publishes an official form for the voluntary administration (settlement of small estates without court administration) — SEAFF09 Affidavit in Relation to Settlement of Estate Under Article 13, SCPA — and the successor completes it; the statute requires the official form. The completed affidavit collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $50,000, per N.Y. SCPA §§ 1301-1312 (Article 13). There is no waiting period after the death.

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Free New York Small Estate Affidavit

Complete New York's official SEAFF09 Affidavit in Relation to Settlement of Estate Under Article 13, SCPA for estates up to $50,000. N.Y. SCPA §§ 1301-1312 (Article 13).

Progress0%

Frequently Asked Questions About New York Small Estate Affidavits

Yes — SEAFF09 Affidavit in Relation to Settlement of Estate Under Article 13, SCPA, and its use is required. This tool completes the official form with the estate, successor, and property details.

$50,000, per N.Y. SCPA §§ 1301-1312 (Article 13). This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

Small Estate Collection in New York

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $50,000, per N.Y. SCPA §§ 1301-1312 (Article 13). There is no waiting period after the death.

Free New York Small Estate Affidavit

Your Information

Frequently Asked Questions About New York Small Estate Affidavits