Check Spelling In Legal New York Small Estates Forms For Free

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.

The 1310 Affidavit, a gem hidden within New York's SCPA regulations, allows certain relatives and funeral creditors to collect a decedent's assets without filing any papers in court. This not only saves you time and money but also spares you the headache of navigating the bureaucratic maze of the legal system.

The first stage of estate settlement in New York for small estates usually involves the estate executor?known as the voluntary administrator?filing an affidavit of voluntary administration, along with the death certificate and the will, with the local New York Surrogate Court. The filing fee is $1.

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.

You can use this program if: If the decedent (the person who died) had $50,000 or less in personal property. If the decedent owned real property, he/she owned it jointly with someone else and you don't plan to sell the real estate.

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.