Yes. In New York, the Affidavit of Voluntary Administration (the “small estate affidavit”) is a sworn document, which means it must be signed in front of a notary before you file it with the Surrogate’s Court.
Why it has to be notarized
You are swearing under oath that the information about the person who died, their heirs, and their assets is true. The court checklist specifically confirms the affidavit must be “signed and properly notarized,” including a proper jurat and the notary’s commission expiration date. If it is not notarized correctly, the court can reject the filing.
Do not sign it early
Fill out the affidavit, but do not sign it until you are in front of the notary. The notary has to witness your signature.
You can notarize it online
You do not need to drive around looking for a notary. A commissioned New York notary can swear you in over secure video, so you can notarize the affidavit online, in minutes, from anywhere, then file it with the court.
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