Short answer
In New York, decide which assets to list on a small‑estate affidavit by focusing on (1) assets the decedent owned solely in their name that you need to collect, and (2) assets that do not already pass automatically to someone else (for example, joint accounts with right of survivorship or accounts with a named beneficiary). Do not list property you are not claiming or that is already transferred by title or beneficiary designation. Before filing any affidavit, confirm the rules with the specific institution and the Surrogate’s Court for the county where the decedent lived.
Detailed answer
1) Understand what a “small‑estate” process is in New York
New York does not have a single universal statewide form that automatically transfers every kind of asset without some court involvement. Many banks, brokers, and other holders of property accept an “affidavit” from a surviving spouse or next of kin to release personal property when the estate is modest, but acceptance is an institution’s policy rather than a guaranteed statutory shortcut for every asset type. For court procedures involving summary administration or small estates, see guidance from the New York Surrogate’s Court and the Surrogate’s Court Procedure Act (SCPA): https://www.nysenate.gov/legislation/laws/SCPA and general NY courts information at https://www.nycourts.gov/.
2) What to list on an affidavit
List assets that meet all of the following:
- Solely owned by the decedent (title or account is only in the decedent’s name).
- You intend to claim or to have the institution release to you (bank balances, personal property, insurance proceeds that name the estate as beneficiary, etc.).
- Not already transferred by law, operation of title, or beneficiary designation (see next section).
Common items people list: bank and credit union accounts solely in the decedent’s name; personal household goods, jewelry and other tangible personal property; some insurance proceeds payable to the estate; and small brokerage or retirement accounts where the holder agrees to release assets on affidavit.
3) When to leave a line blank or put zero
- Joint accounts with right of survivorship: leave blank or note “joint with right of survivorship—not estate property.” The surviving joint owner generally takes the balance automatically and the account is not estate property.
- Accounts with beneficiary designations or payable‑on‑death (POD) / transfer‑on‑death (TOD) designations: do not list as estate assets (note the named beneficiary instead). The asset usually passes directly to that beneficiary.
- Real property and titled vehicles: many institutions or registries require formal probate or a different transfer procedure. Do not include real property on an affidavit unless the county Surrogate’s Court or the specific title agency expressly allows it. If you are not claiming the asset or its value is zero, list $0 or write “not claimed.”
- Debts, liens, or encumbered property: if the asset is subject to a lien that exceeds its value, put the net value or disclose the lien so institutions can evaluate claims.
- Assets you won’t attempt to collect: leave those entries blank or mark “not claimed”—but keep a complete inventory for estate records.
4) How to value assets
Use the account statement date nearest the decedent’s date of death for financial accounts. For personal property (furniture, jewelry, household goods), provide reasonable fair‑market value estimates. If you are unsure or the holder requires proof, obtain an appraisal or ask the institution what forms of proof it accepts.
5) Institutional and court practices matter
Banks, brokerages, insurance companies, and the Department of Motor Vehicles each have their own rules. Many will accept a small‑estate affidavit plus a certified death certificate for modest claims; others will require formal letters testamentary or administration from the Surrogate’s Court. Always call the institution ahead of time and ask what documentation they require and whether they accept an affidavit in lieu of probate.
6) When you should not use an affidavit
Avoid using a small‑estate affidavit if:
- The estate holds real estate that must be transferred.
- There are complex assets (closely held business interests, complicated securities, pensions with substantial value).
- Multiple potential heirs dispute the distribution or there are known creditor claims.
In these situations, opening an estate in Surrogate’s Court and obtaining letters testamentary or of administration may be necessary.
7) Example scenarios (hypothetical)
Example A: Decedent had a $4,000 sole‑name checking account and household goods. The bank accepts an affidavit for small claims. You would list the checking account with its balance and the household goods with approximate values. You would not list a jointly held savings account or a life insurance policy payable to a named beneficiary.
Example B: Decedent owned a house with mortgage and a vehicle titled solely in their name. Because real property and vehicle title transfers often require court or DMV procedures, you would not include the house on a basic small‑estate affidavit; you would ask the Surrogate’s Court and DMV about the correct transfer process for those items.
8) Practical steps to prepare the affidavit
- Gather documents: death certificate, account statements, titles, beneficiary forms, and loan statements.
- List only assets you are legally claiming that are solely in the decedent’s name and that the holder is willing to release on affidavit.
- Give truthful values and disclose liens or encumbrances.
- Attach copies of documents the institution requires (e.g., certified death certificate, photo ID of affiant).
- Sign the affidavit before a notary public and follow filing or submission instructions from each institution.
Helpful hints
- Call the institution first. Ask whether it accepts an affidavit and which form, attachments, and values it needs.
- Check account titles closely: “John Smith and Jane Smith” versus “John Smith or Jane Smith” have different effects.
- Always disclose beneficiary designations and joint ownership. Misrepresenting ownership can create liability.
- Keep a separate inventory for your records even if you do not list every item on the affidavit.
- If unsure about whether to claim an asset, consult the Surrogate’s Court clerk in the decedent’s county or a lawyer for guidance before filing anything.
- When in doubt about significant assets or competing claims, opening an estate in Surrogate’s Court is safer than relying on informal affidavits.
Where to find authoritative information
General Surrogate’s Court rules and statutes: https://www.nysenate.gov/legislation/laws/SCPA
Official New York State Unified Court System resources: https://www.nycourts.gov/
Final recommendations
Prepare a complete inventory, list only assets you are entitled to claim, and verify each institution’s requirements before signing or submitting an affidavit. If the estate includes real property, contested items, or significant assets, consult an attorney or open a probate proceeding in Surrogate’s Court.
Disclaimer: This article explains general principles under New York law and is for educational purposes only. It is not legal advice. For specific legal guidance about your situation, contact a licensed New York attorney or the local Surrogate’s Court.