When someone dies in New York, how you settle their estate depends mostly on how much they left and what kind of property it was. For small estates, there is a much simpler path than full probate.
Voluntary administration (the small estate path)
If the person left $50,000 or less in personal property, you can usually use voluntary administration. You file an Affidavit of Voluntary Administration in Surrogate’s Court, the filing fee is just $1, and there is no full court proceeding. It is faster, cheaper, and simpler.
Probate or administration (the full path)
Larger estates, or estates that need to transfer real estate held in the person’s name alone, generally require a full probate (if there is a will) or administration (if there is no will) proceeding. These involve more paperwork, higher fees, and more court oversight.
Key difference to remember
Voluntary administration only covers personal property (bank accounts, cars, investments). It cannot transfer real estate owned solely by the person who died. If real property is involved, you are likely looking at a full proceeding.
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Related: Does the affidavit need to be notarized? · What happens if you die without a will