New York Small Estates Affidavit

Filing a New York Small Estates Affidavit (officially referred to as an “Affidavit of Voluntary Administration”), is a form provided by the state of New York to make it possible for an individual with a lawful claim to a Decedent’s small estate (the Voluntary Administrator) to fast-track its delivery to them. To use the words of the New York State Unified Court System, “The small estate administration is a simplified court procedure available if the person who died did not have many assets.”

Useful Resources

The New York State Unified Court System provides a checklist, the Small Estate Affidavit Information Checklist, to assist anyone wishing to execute a New York Small Estates Affidavit to do so correctly.

Laws & Required Conditions

Laws: § 1301 to § 1312

Maximum Estate Value: $30,000

Required Conditions: A New York Small Estates Affidavit / Affidavit of Voluntary Administration may be lawfully executed if:

  • The estate comprises only of personal property (although § 1302 provides that the Decedent’s ownership of an interest in real property does not prevent the use of an Affidavit in administering his or her personal property),
  • The person who seeks to become the Voluntary Administrator of the Decedent’s estate qualifies for this position under § 1303,
  • The completed Affidavit must be filed with the clerk of the court of the Decedent’s domicile,
  • A certified copy of the death certificate of the Decedent must also be filed with the clerk, and
  • The $1.00 filing fee that is charged for the clerk’s services must be paid.