Autofill Legal New York Heirship Affidavits Forms For Free

The affidavit must be signed by a disinterested person, meaning someone who has no financial interest in the estate's assets. Family members who stand to gain or lose something of value by omitting the name of another possible heir are barred from signing the affidavit of heirship.

Through the use of the small estate affidavit (NY SCPA 1310), money or securities may be collected from the decedent's banks, insurers, government agencies, employers and other institutions.

Filing for a Small Estate If there is a Will, the Executor files the original Will and a certified death certificate with the small estate affidavit petition and other supporting documents in the Surrogate's Court in the county where the Decedent had their primary residence.

The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.

Intestate. In the event that the decedent had a will, the executor named in the decedent's Last Will and Testament files a Small Estate Affidavit with the Surrogate's Court in the county in which the decedent resided. If the decedent died without a will, the closest heir should file the Small Estate Affidavit.

How much does it cost to file for voluntary letters? If you prepare the papers on your own and file them yourself, the cost is minimal. The court fee for filing the Affidavit is $1.00.