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Disclaimer

This is educational information only and not legal advice. Laws change and every situation is different. Consult a licensed New York attorney or your local Surrogate’s Court before taking action.

Detailed answer

Short answer: New York’s small‑estate procedure (SCPA Article 13) generally lets a distributee collect certain personal property without full administration, but it usually does not authorize selling real estate. To run formal notice to creditors and to sell real property of a decedent you will normally need appointment as the estate’s personal representative with full letters of administration from the Surrogate’s Court. See the Surrogate’s Court Procedure Act (SCPA), including SCPA § 1300 for small‑estate rules and the SCPA provisions governing letters of administration.

Step 1 — Determine whether the estate qualifies for the small‑estate procedure

New York’s small‑estate rules apply to the limited collection and disposition of certain personal property without formal probate or administration. The rules and eligibility criteria appear in SCPA Article 13. Review SCPA § 1300 and the succeeding sections to confirm the types of property and procedural limits that apply: SCPA § 1300.

Step 2 — If the estate qualifies, use the small‑estate process to collect personal property (not real estate)

If the decedent’s assets fall within the small‑estate criteria, an eligible person (typically a surviving spouse or next of kin) can use the small‑estate affidavit/process to collect certain personal property such as bank accounts or personal effects. That process avoids full administration in many cases, but it does not give authority to sell real property or to perform many acts that a court‑appointed personal representative would perform. See SCPA Article 13 for the procedural details and required forms: SCPA § 1300 et seq..

Step 3 — If you must sell real property or run a full notice to creditors, petition for appointment in Surrogate’s Court

To sell real property owned by the decedent you will typically need the court to appoint you as the decedent’s personal representative (administrator or executor) and to issue letters of administration or letters testamentary. That appointment gives you legal authority to market and convey the decedent’s real property, handle mortgages and liens, and manage creditor issues under court supervision. The Surrogate’s Court sections describing the issuance of letters and the probate/administration process are in SCPA Article 7 and related provisions; see for example: SCPA § 701 (letters).

Typical contents of a petition for administration (county‑specific forms vary):

• Petition for letters of administration (or for probate if there is a will).
• Certified copy of the decedent’s death certificate.
• Affidavit or proof listing heirs and their addresses (next of kin). If a will exists, submit the original will or a copy if permitted.
• Information about assets (including real property deeds) and liabilities.
• Proposed bond (if the court requires one) and waiver/consents from other heirs if available.
• Filing fees and proposed order for the court to sign.

Step 4 — Notice to creditors and publication

Once appointed, the personal representative must give notice to creditors as required by law and by the Surrogate’s Court. This typically includes:

• Direct notice to known creditors and claimants.
• Publication of a notice to unknown creditors in a local paper when required by the court.

The precise methods and timing vary by court and by the type of appointment, so follow the Surrogate’s Court instructions and any order you receive from the court. The small‑estate process provides a limited substitute for notice and claims handling only for narrow personal property collection—not for selling real estate.

Step 5 — Selling the real property after appointment

After the court issues letters and any required authority (some courts require a specific order authorizing sale), you can proceed to sell the property. Typical additional steps include:

• Obtaining an order authorizing sale when the will does not expressly authorize the sale or when the sale is challenged.
• Clearing title, paying off mortgages and liens from estate funds or sale proceeds.
• Complying with any accounting or reporting requirements the court imposes.
• Using an estate closing statement and obtaining the court’s approval of the final distribution if required.

What if heirs consent?

If all heirs consent and execution documents (like the deed) permit transfer without administration (for example, property held as joint tenants with right of survivorship), you may avoid a full administration. However, if title is solely in the decedent’s name and you need to market and sell, the Surrogate’s Court appointment remains the safest route.

Where to file and local practice

File the petition in the decedent’s county Surrogate’s Court. Each county may have local rules, required forms, and fee schedules. The Surrogate’s Court clerk can provide local filing requirements, but the clerk cannot give legal advice.

Helpful hints

• Start by confirming whether the estate truly qualifies as a small estate under SCPA Article 13: SCPA § 1300.
• If real estate is involved, plan on petitioning for letters of administration in Surrogate’s Court—small‑estate affidavits rarely permit sale of land.
• Gather key documents before filing: death certificate, deed, title report, bank statements, insurance policies, and any will.
• Talk with the county Surrogate’s Court clerk to get local forms and fee information; clerks can explain procedure but not give legal advice.
• If other heirs object or if the estate has creditors, a full administration with court supervision is often required.
• Expect the court to require a bond in some cases; a surety company can issue bonds quickly if needed.
• Work with a real estate title company early—title issues, unpaid property taxes, or mortgages commonly delay sales.
• Consider at least a short consultation with a New York probate or real estate attorney if the estate owns real property or if creditors or disputes exist.