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File this form in Surrogate's Court. 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.
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.
Provide Appropriate Proof of ResidencyA New York State license, permit or non-driver id card, a recent bank statement, or a recent pay stub showing your current New York State address are just some of the acceptable proofs of residency.
The filing fee is $1.00. The easiest way to make the court papers is to use the Small Estate DIY (Do-It-Yourself) Form program. This program walks you step-by-step to complete the paperwork you need and gives you helpful definitions and legal information.
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.
New York has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.
To prepare a small estate for an administrative hearing, the executor of the estate will need to file the will,a copy of the death certificate, and a small estate affidavit petition for the hearing with the Surrogate Court where the deceased lived.