This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Generally, for New York estate tax purposes, if the value of assets passing to beneficiaries other than a spouse or charity is below a certain threshold ($6.94 million in 2024), the assets are fully exempt from tax and no New York estate taxes will be due.
Filing a notarized small estate affidavit could take weeks to months, depending on your state. Once you've sent the affidavit and necessary documents, the state will have to review it and might request additional information. Incorrect details or disputes between the heirs might cause delays in this process.
In New York, only estates valued higher than $50,000 need to pass through formal, full probate.
To open an estate bank account, the fiduciary will need the EIN, certified letters testamentary (or letters of administration), and a certified copy of the death certificate. Some bank institutions will accept a regular copy of the death certificate.
VOLUNTARY ADMINISTRATION or SMALL ESTATE PROCEEDING may be used when a fiduciary is needed to transfer estate assets (personal property only) and the value of the assets does not exceed $50,000, exclusive of property set off under EPTL 5-3.1.
Contact the bank in advance to ensure you arrive with the appropriate documents, but you'll likely need to bring a notarized or certified copy of the death certificate and proof of your identity, such as a driver's license or passport. You'll also need the decedent's legal name and Social Security number.
To qualify for a small estate affidavit in New York, the total value of the deceased person's estate must be $50,000 or less, excluding real property like land or buildings. If the decedent owned real estate, the small estate procedure isn't an option.