Free New York Small Estate Affidavit

In New York, the Voluntary Administration covers estates with personal property of $50,000 or less, filed with the court.

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

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The decedent's state. Only states where this tool prepares the affidavit are listed.

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The successor signing the affidavit.

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Yes. New York publishes SE-3A Affidavit in Relation to Settlement of Estate Under Article 13, SCPA, and the statute requires it; the affidavit is prepared on that form.

In New York, estates with personal property of $50,000 or less use the Voluntary Administration, a court filing short of full probate. Real property is outside the affidavit, which reaches personal property only. An estate over the limit does not qualify, and no affidavit is prepared for it.

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 and 'with the same effect as if made to any duly appointed fiduciary' (SCPA § 1305).

In New York the affidavit is filed with the Surrogate's Court, and holders honor the court's certified copy — but no letters testamentary or of administration issue.

The New York affidavit is signed before a notary.

Small Estate Collection in New York

New York publishes SE-3A Affidavit in Relation to Settlement of Estate Under Article 13, SCPA, and the statute requires it. The affidavit is prepared on that form. New York's name for the procedure is “Voluntary Administration”; it collects the decedent's property through a filing that appoints no personal representative.

The ceiling is $50,000; an estate over it does not qualify. Real estate is outside it; it reaches personal property. New York sets no waiting period after the death.

New York says who may sign: Intestate: first the surviving adult spouse; if there is none or the spouse renounces, then in order a competent adult who is a child or grandchild, parent, brother or sister, niece or nephew, or aunt or uncle of the decedent; then, if no such person will act, the guardian of the property of an infant, the committee of the property of an incompetent person. The affiant signs it before a notary.

Where it is filed: 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), together with a certified copy of the death certificate; the voluntary administrator need not give a bond (SCPA § 1304(2)-(3)).

The effect on the holder and on the successor: 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 and 'with the same effect as if made to any duly appointed fiduciary' (SCPA § 1305).

SimplyTrust Editorial·Updated September 8, 2026

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Data sourced from New York statutes and official state code. How we research.

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Free New York Small Estate Affidavit

In New York, the Voluntary Administration covers estates with personal property of $50,000 or less, filed with the court.

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Small Estate Collection in New York

The ceiling is $50,000; an estate over it does not qualify. Real estate is outside it; it reaches personal property. New York sets no waiting period after the death.

Free New York Small Estate Affidavit

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Free New York Small Estate Affidavit

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