New York Small Estate Affidavit (Form SE-3A)

• Maximum Amount: $50,000, the gross value of the decedent’s personal property. The procedure does not transfer real estate.^[1][2]
• Signing Requirements: A sworn affidavit, signed before a notary public.^[3]
• Where to File: With the clerk of the Surrogate’s Court of the county of the decedent’s domicile; the filing fee is $1.^[4]
• When to File: No waiting period after death.^[5]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[6]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate. Even when the decedent left children, New York gives the spouse the first $50,000, which equals the $50,000 small estate limit.^[7]
• No Spouse, Children: If there is no surviving spouse, the decedent’s descendants inherit the entire estate by representation.^[8]

Step 1 – Confirm the Estate Qualifies

The decedent’s personal property must be $50,000 or less, and the proceeding cannot transfer solely owned real estate.^[9]

Step 2 – Confirm You May Serve as Voluntary Administrator

Eligible persons take priority in order: surviving spouse, then child, grandchild, parent, sibling, and other relatives (or the executor named in a will).^[10]

Step 3 – Complete the Affidavit

Complete the Affidavit listing the assets, distributees, and creditors, with a certified death certificate and the original will (if any).^[11]

Step 4 – File With the Surrogate’s Court

Sign the affidavit before a notary and file it with the clerk of the Surrogate’s Court of the decedent’s county, with the $1 filing fee.^[12]

Step 5 – Collect, Pay, and Distribute

The court issues a certificate; the voluntary administrator collects the personal property, pays debts and funeral and administration expenses, distributes the remainder to those entitled, and files a closing report and account.^[13]