How to claim a deceased parent’s bank account in New York using a small‑estate affidavit

Short answer: In New York, you often can collect a deceased person’s bank account without a full probate by providing the bank with the decedent’s death certificate and the bank’s required affidavit or account‑release form. New York does not have one single statewide “small estate affidavit” that automatically works for every institution — banks and credit unions set their own thresholds and form requirements. If the bank will not release funds, the usual backup is a Surrogate’s Court administration (probate or appointment of an administrator or executor).

Disclaimer

This article explains general New York procedures and is educational only. It is not legal advice. If your situation is disputed, complex, or involves significant assets, consult a licensed New York attorney.

Detailed answer — step by step

1. Identify how the account is titled

Before completing any affidavit, check the exact account title (the bank statement is best). Common possibilities:

• Payable‑on‑death (POD) / Transfer‑on‑death (TOD) — if the decedent named you (or someone else) as a beneficiary, the bank will generally pay the named beneficiary on presentation of a certified death certificate and the beneficiary’s ID.
• Joint account — if the decedent held the account jointly with right of survivorship, the surviving joint owner usually becomes sole owner automatically; the bank will require ID and the death certificate.
• Individual account with no beneficiary — the account belongs to the decedent’s estate and the bank will typically require either the bank’s internal affidavit form (for small balances) or a Surrogate’s Court order (letters testamentary or letters of administration) before releasing funds.

2. Gather documents the bank will want

Common documents banks request:

• Certified copy of the death certificate (not a photocopy). In New York, certified death certificates are issued by the local registrar or the NYS Department of Health. See: New York State — ordering vital records.
• Government photo ID for the person claiming the funds.
• The bank’s specific affidavit or claim form (many banks have their own form for small accounts).
• Proof of relationship or status as beneficiary or heir (e.g., birth certificate, marriage certificate, or a copy of the will naming you as executor/beneficiary).

3. Ask the bank what it requires

Call or visit the bank branch and ask the estate‑services or branch representative what their exact process is. Questions to ask:

• Do you accept a bank affidavit or a sworn “affidavit of heirship” for accounts of this size?
• Is there an internal dollar threshold below which you will release funds without Surrogate’s Court letters?
• Do you need a certified death certificate and a notarized affidavit? Do you need any additional documents (proof of kinship, will, letter from Surrogate’s Court)?

4. If the bank uses a small‑estate affidavit form

Many banks have their own short affidavit form or require an “Affidavit of Surviving Spouse/Heir.” Typical items the affidavit should state:

• The decedent’s full legal name and date of death.
• Your name, relationship to the decedent, and address.
• A clear statement that no probate proceedings are pending and that you are the rightful person to receive the funds (e.g., named POD beneficiary or heir under intestacy).
• Account number and current balance (if requested) or an attestation about the account value.
• A jurat/notarization and attachment of a certified death certificate and ID.

5. What if the bank refuses or multiple heirs disagree?

If the bank refuses to release funds based on its policy, or if heirs dispute who is entitled, you will usually need to start a Surrogate’s Court proceeding. Common Surrogate’s Court remedies include:

• Probate of a will and issuance of letters testamentary to the named executor.
• Appointment of an administrator (letters of administration) if there is no will.
• In some counties, simplified or expedited procedures for small estates may be available through the Surrogate’s Court — check the local Surrogate’s Court rules or website for forms and guidance. See your county Surrogate’s Court page on the New York courts website: New York State Surrogate’s Courts.

6. Timing and costs

If the bank accepts the affidavit and documents, getting the money often takes only a few days to a few weeks, depending on how quickly you can obtain a certified death certificate and notarize documents. If you must go to Surrogate’s Court, expect additional time (weeks to months) and filing fees; an attorney’s help may be needed if the estate is contested or complex.

Common hypothetical scenarios (to illustrate how the rules work)

Scenario A — POD beneficiary named

Your father named you as POD on his checking account. You bring a certified death certificate and your ID to the bank and complete the bank’s beneficiary claim form. The bank releases the funds without any Surrogate’s Court involvement.

Scenario B — Individual account, small balance

Your father had a single‑owner savings account worth a modest amount. The bank’s policy allows release on a notarized affidavit of heirship together with a certified death certificate. You sign the bank form, attach the death certificate, and the bank pays you.

Scenario C — Account with no beneficiary, larger balance, or dispute

The account has substantial funds, or multiple children claim entitlement, or the bank refuses to accept your affidavit. You will likely need letters from the Surrogate’s Court (probate or administration) before the bank will release funds.

Helpful hints

• Locate the decedent’s most recent bank statements to get account numbers and exact account names.
• Get multiple certified copies of the death certificate early — banks, government agencies, and third parties will each want certified copies.
• Ask the bank for its written policy or form if possible — that prevents surprises at the branch.
• If there is a will, find it quickly and check whether it names an executor; the named executor can seek letters from Surrogate’s Court to act officially.
• If the decedent had safe‑deposit boxes, investments, or real property, those assets often require Surrogate’s Court involvement; don’t assume one affidavit will cover everything.
• Keep detailed receipts of any estate‑related payments (funeral expenses, outstanding bills) in case accounting is needed later by heirs or a court.
• If a bank’s answer seems inconsistent or you expect a dispute, consult a New York estate attorney to protect your rights.

Where to find official forms and help

• New York State Unified Court System — Surrogate’s Courts: https://www.nycourts.gov/courts/surrogates/
• New York Courts help & forms pages: https://www.nycourts.gov/courthelp/index.shtml
• Order certified death certificates — New York State Department of Health: https://www.health.ny.gov/vital_records/ordering.htm

When to talk to an attorney

Consider contacting a licensed New York attorney if:

• Multiple relatives claim the same account or there is a dispute.
• The decedent had substantial assets, complex investments, or business interests.
• The bank refuses to accept an affidavit and requires Surrogate’s Court action.
• You are unsure whether you are a lawful heir or whether taxes/creditors may affect the estate.

Again, this information is general educational material only and does not constitute legal advice. For personalized assistance, contact a licensed attorney in New York.