Get Ny Osc Small Estates Affidavit 2023-2025

When someone in New York State dies with a small amount of money, the family may be able to avoid probate by using a “1310”, or small estate affidavit. This affidavit may be used by certain family members or the decedent's creditors to collect assets up to a certain value in the decedent's sole name.

When someone in New York State dies with a small amount of money, the family may be able to avoid probate by using a “1310”, or small estate affidavit. This affidavit may be used by certain family members or the decedent's creditors to collect assets up to a certain value in the decedent's sole name.

An affidavit of heirship is a document, sworn to under oath, that is submitted to the Surrogate's Court definitively identifying all of the people who may have a legal claim to inherit the decedent's assets or property.

Step 1 – Verify Eligibility. This will consist of examining the estate of the decedent. ... Step 2 – Gather Documents. ... Step 3 – File the Affidavit. ... Section A – Surviving Spouse. ... Section B – Surviving Spouse, Blood Relative Or Creditor. ... Payment Request By Affiant. ... Section C – Creditor Statement Only. ... New York Notary Public Action.

- When a Person Dies with less than $50,000. When the person who died (the Decedent) had less than $50,000 of personal property then it's considered a small estate, and is called a Voluntary Administration. It does not matter if the Decedent had a Will or not.

The affidavit, officially known as the “Affidavit in Relation to Settlement of Estate Under Article 13,” appoints a voluntary administrator to collect a decedent's property, resolve estate debts and expenses, and distribute the estate among distributees and beneficiaries.

- When a Person Dies with less than $50,000. When the person who died (the Decedent) had less than $50,000 of personal property then it's considered a small estate, and is called a Voluntary Administration. It does not matter if the Decedent had a Will or not.