A small estate affidavit is a sworn statement that lets heirs collect a deceased person’s property without a full probate case. It says who died, what they left, who the heirs are, and that the estate is under your state’s small estate limit. You sign it in front of a notary and hand it to the bank, the DMV or the court, depending on the state.
The catch is that every state does this differently, so where you get the form and what you do with it depends on where the person lived.
Where to get a small estate affidavit
- Your state’s probate court website. Many states post the official form for free. Search for the state name plus “small estate affidavit form.”
- The clerk of the probate or Surrogate’s Court in the county where the person lived. In person, the clerk can hand you the form and tell you which version the court uses. The clerk cannot give legal advice.
- The bank or institution holding the money. Some banks have their own affidavit and will only accept that one. Ask before you fill anything out.
- A guided online form that fits the state, which you then sign before a notary. We have state-by-state guides and a New York version linked below.
How New York handles it
New York does not use a stand-alone affidavit that you simply hand to a bank. Instead it uses voluntary administration under Article 13 of the Surrogate’s Court Procedure Act. You file an affidavit with the Surrogate’s Court in the county where the person lived, and the court issues a certificate that lets you collect the assets. It applies to estates with personal property of $50,000 or less, and it does not transfer real estate.
Court forms are on the New York courts website, and the Surrogate’s Court clerk can tell you which ones apply in your county.
Our guided New York small estate tool walks you through the court affidavit, and we notarize it online the same day. Start the New York small estate guide →
How to fill out a small estate affidavit
- Get a certified death certificate. You will need several copies.
- List the person’s assets and their approximate values, and confirm the total is under your state’s limit.
- Identify the heirs or beneficiaries in the order your state requires, and make sure you are entitled to sign.
- Check the waiting period. Some states make you wait days or weeks after the death before filing.
- Fill in the form completely. Do not sign it yet.
- Sign in front of a notary with a valid photo ID, then submit it to the institution or court.
Signing early is the most common mistake. A notary has to watch you sign, so a pre-signed affidavit gets rejected and you start over.
Frequently asked questions
What is a small estate affidavit?
A sworn statement, signed before a notary, that lets heirs collect a deceased person’s assets without a full probate case, as long as the estate is under the state limit.
Where do I get a small estate affidavit?
From your state court website, the probate or Surrogate’s Court clerk in the county where the person lived, or the bank holding the account. Some states let you use a general form, others require the court form.
Where can I get a small estate affidavit in New York?
From the New York courts website or the Surrogate’s Court clerk. New York uses voluntary administration under SCPA Article 13, which is filed with the court rather than handed to a bank.
How do I fill out a small estate affidavit?
List the assets and heirs, confirm the estate is under the limit, fill in every field, then sign in front of a notary. Do not sign before you meet the notary.
Does a small estate affidavit have to be notarized?
Almost always yes. The affidavit is a sworn statement, so it is signed before a notary or other officer who can administer oaths.
Related reading
- Who can file a small estate affidavit in New York?
- How to settle a small estate in New York
- What counts toward the $50,000 limit
- Voluntary administration vs probate
- Why small estate limits vary by state
- Small estate affidavit by state
This article is general information, not legal advice. Laws, court fees and forms change, so confirm with the court or agency involved. NotarEaseNYC is a notary service, not a law firm, and a notary cannot advise you on what to write or which legal route to take.