New York Small Estate Affidavit: Settle a Small Estate Without Full Probate
When someone passes away in New York with $50,000 or less in personal property, you may not need a full probate. Get our free step-by-step guide to the official small estate affidavit, plus notarize it online in minutes. Enter your email to start.
In New York, when a person (the “decedent”) dies with $50,000 or less in personal property, their estate can often be settled through a simplified Surrogate’s Court process called Voluntary Administration, instead of a full probate. The document you file is the Affidavit of Voluntary Administration, commonly called the small estate affidavit.
When you can use it
- The person who died left $50,000 or less in personal property (bank accounts, cars, investments, and similar).
- If they owned real estate, it was owned jointly with someone else and you do not plan to sell it. (Real estate in their name alone cannot be transferred this way.)
What you need to get started
- The name and address of the person who died
- A certified copy of the death certificate
- Names and addresses of the closest living relatives (spouse, children, grandchildren; or parents; or siblings)
- The original Will, if there is one
- A list of assets with account or serial numbers
- Any unpaid bills or creditors
How it works
- 1. Get the guide – enter your email above for the step-by-step guide and the official NY Courts form link.
- 2. Create the affidavit using New York’s free official program.
- 3. Notarize it online – the affidavit must be sworn in front of a notary. Do it online in minutes, then file it with the Surrogate’s Court.
Frequently asked questions
What is the small estate limit in New York?
$50,000 or less in personal property. Certain items, like up to $25,000 set aside for a surviving spouse and one qualifying vehicle, may not count toward the limit.
Does the small estate affidavit need to be notarized?
Yes. It is a sworn affidavit, so you sign it in front of a notary before filing. You can notarize it online.
Where do I file it?
In the Surrogate’s Court of the county where the person lived.
Can I handle real estate with a small estate affidavit?
No. This process covers personal property. Real estate owned by the person alone cannot be transferred this way.
Related estate resources
This page is general information, not legal advice, and is not affiliated with or endorsed by the New York State Unified Court System. It points you to New York’s official free small estate program. If you use our online notary partner, NotarEase NYC may earn a referral credit at no extra cost to you. Requirements can vary by county; confirm with the Surrogate’s Court, or consult an attorney about your situation.