How to submit an affidavit accounting for personal property in a small estate case (NY)

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a qualified New York attorney or the Surrogate’s Court.

Short answer

In New York, when a decedent’s personal property does not exceed the small‑estate threshold, a person entitled to the property can collect it by submitting a sworn affidavit that identifies the decedent, lists the personal property, states the value, and shows the applicant’s right to receive it. The main statutory authority for collection of personal property by affidavit is SCPA § 1306. Many banks and holders of personal property have their own affidavit forms and may require a certified copy of the death certificate and photo ID.

Detailed answer — what the law requires and practical steps

Below is a step‑by‑step process to prepare and submit an affidavit accounting for personal property in a New York small estate situation. This explains legal requirements under New York law, practical best practices, and what to expect from institutions and the Surrogate’s Court.

1. Confirm you can use a small‑estate affidavit

Under New York law, a person entitled to a decedent’s personal property may collect without formal probate when the statutory conditions are met. See SCPA § 1306 for collection by affidavit: https://www.nysenate.gov/legislation/laws/SCPA/1306.
Confirm the decedent’s assets you want to collect are personal property (bank accounts, cash, motor vehicle title, personal effects). Real property (real estate) is handled differently.
Confirm the total value of the personal property subject to collection is within the small‑estate limit that applies under SCPA procedures. (SCPA § 1306 addresses collection of personal property by those entitled.)

2. Identify who has the right to collect

Priority typically follows the order of intestate succession or the terms of the will (if there is one): spouse, children, next of kin, or named personal representative. The affidavit must state the collector’s legal relationship or entitlement to the property (e.g., surviving spouse, residuary beneficiary).

3. Gather required documents

Certified or certified‑certified copy of the decedent’s death certificate.
Proof of your identity (state photo ID) and proof of relationship or beneficiary status (marriage certificate, birth certificate, will, beneficiary designation).
Records showing the property and approximate value (bank statements, account statements, vehicle title, personal property descriptions).
Any creditor notices or pending claims you know about.

4. Draft the affidavit — required contents

Your affidavit (sworn statement) should include:

Full name, date of death, and last residence of the decedent.
Your full name, address, and relationship or legal basis to collect property.
A clear list of the personal property you are trying to collect, with estimated values for each item or account and the total value.
A statement that the property listed is personal property (not real estate) and that the value falls within the limits for collection by affidavit.
A statement that, to your knowledge, no executor or administrator has been appointed and that you are entitled to collect under the decedent’s will or by intestacy.
A declaration that the statements are made under oath and subject to penalties for perjury, followed by a notary block for your sworn signature.

Many banks and other holders have a prescribed “Affidavit of Entitlement” or “Small Estate affidavit” form. Use the institution’s form when available; it often speeds acceptance.

5. Notarize and attach supporting documents

Sign the affidavit in front of a notary public.
Attach a certified copy of the death certificate and copies of documents proving your entitlement.

6. Submit to the property holder or file in Surrogate’s Court if necessary

Who you give the affidavit to depends on the property:

Banks, brokerage firms, and similar institutions: present the affidavit plus required ID and death certificate. Institutions may have internal approval processes and hold funds for a short period to reject claims by creditors.
Vehicle title: submit the affidavit and title application materials to the Department of Motor Vehicles with any additional DMV forms required for transfer upon death.
Personal effects: present the affidavit to the custodian of the property or the person in possession.
If a holder refuses to accept the affidavit, you may need to commence a summary proceeding in Surrogate’s Court or seek letters of administration (formal probate). If the aggregate estate includes real property or the situation is contested, open an estate proceeding in the Surrogate’s Court.

7. Expect possible delays or document requests

Institutions frequently request additional proof (original will, creditor lists, more documentation of value). They may also request a court order if the claim is unclear or if competing claimants appear.

8. When to consider opening a formal probate case

If the estate’s assets exceed the small‑estate threshold, or if significant debts exist, consider applying for letters of administration or probate in Surrogate’s Court.
If there is a will and beneficiaries dispute it, file a probate petition in the appropriate Surrogate’s Court.

Sample short affidavit outline (hypothetical)

Below is a simplified example to illustrate structure. Don’t copy verbatim — adjust to the facts and institution requirements.

AFFIDAVIT OF ELIGIBILITY TO RECEIVE PERSONAL PROPERTY

State of New York
County of [County]

I, [Your name], being duly sworn, state:
1. [Decedent name], deceased, died on [date], last resided at [address].
2. I am the decedent's [relation — e.g., surviving spouse].
3. I am entitled to the decedent's personal property under [will/intestacy].
4. The personal property held by [institution/name] consists of: [list accounts/items and approximate values].
5. The total value of the personal property listed above is $[amount], which is within the limit for collection under SCPA § 1306.
6. No executor or administrator has been appointed for the estate of [decedent name] in any Surrogate's Court to my knowledge.

I make this affidavit under penalty of perjury.

Signature: _____________________
Sworn to before me this ___ day of [month], [year]
Notary Public

Helpful hints

Contact the institution first. Ask whether it accepts a small‑estate affidavit and whether it has its own form. Many banks will provide instructions and forms online or by phone.
Always bring a certified copy of the death certificate (not just a photocopy) and current photo ID. Institutions commonly require certified copies.
Provide clear valuations and documentation — vague lists slow processing.
Keep records of every submission, including dates, names of people you spoke with, and copies of documents delivered.
If you expect disputes (other heirs, potential creditors), consider consulting a Surrogate’s Court practitioner before submitting affidavits. A short consult can prevent later court proceedings.
If an institution refuses your affidavit, ask for the reason in writing. That letter can help if you need to go to Surrogate’s Court.
When in doubt about eligibility or competing claims, file a petition for letters of administration in the Surrogate’s Court for the county where the decedent lived.

Useful New York resources

SCPA § 1306 — Collection of personal property by affidavit: https://www.nysenate.gov/legislation/laws/SCPA/1306
New York State Unified Court System — Surrogate’s Court information and local court contacts: https://www.nycourts.gov/courts/surrogate/

If you want, provide brief facts about the decedent (type of property, estimated values, whether there is a will) and I can outline the specific documents and affidavit language you would likely need to present to a bank or other holder.

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