Detailed Answer

Short answer: New York treats family allowances and small‑estate/summary procedures differently than some other jurisdictions. If you have been making payments to a surviving spouse or minor children under the family allowance process and you now want to close the case using a small‑estates procedure or other summary administration, you should (1) identify the estate’s remaining assets and debts, (2) confirm whether the estate qualifies for New York’s small‑estate/summary procedure, and (3) petition the Surrogate’s Court (or use the appropriate affidavit/summary claim process) to obtain authority to distribute remaining personal property. You may also need Court approval to stop or modify ongoing allowance payments and to obtain clearance for distributions.

How New York law frames family allowance and small‑estate processes

New York provides a family allowance to support a surviving spouse and certain dependents out of the decedent’s estate. That allowance is a charge against the estate and is governed by New York law. See the Estates, Powers and Trusts Law (EPTL) for the family allowance provisions: EPTL §5-1.1‑A (family allowance).

Separately, New York has summary and small‑estate procedures for collecting and distributing smaller estates or personal property without full probate administration. Those procedures and the Surrogate’s Court’s authority are governed by the Surrogate’s Court Procedure Act (SCPA) and related court rules. See the SCPA and Surrogate’s Court resources: SCPA (Surrogate’s Court Procedure Act) and New York State Courts information for Surrogate’s Court: nycourts.gov — Surrogate’s Courts.

Step-by-step: switching from family allowance payments to a small‑estate or summary administration

1. Inventory the estate now. Prepare a complete list of what remains in the decedent’s estate: cash, bank accounts, personal property, and any debts or liens. Include amounts already paid as family allowance and receipts so the Court can see what the estate has been charged.
2. Determine whether the estate qualifies for a small/summary procedure. Whether you can use an abbreviated procedure depends on the type and value of assets, and whether real property or complex claims are involved. Small‑estate and summary procedures typically apply only to certain personal property and when the estate value falls under statutory or court‑set thresholds. Check the Surrogate’s Court rules in the county where the decedent lived and the SCPA provisions for summary administration procedures.
3. If allowance payments are ongoing, inform the court or ask for modification. Because family allowance is a charge against the estate, the person paying or the fiduciary should notify the Surrogate’s Court about the change in approach. If payments have been authorized by the Court, you will likely need Court permission to stop or modify them. If payments were made without prior Court approval, you may have to petition for retroactive approval or an accounting.
4. File the correct paperwork in Surrogate’s Court. If the estate qualifies for a small‑estate process, file the required affidavit/petition or summary application for release of personal property in the Surrogate’s Court for the decedent’s county. If not, you may need to file a petition for administration or for issuance of letters to a personal representative. The Court will guide what documents are needed (death certificate, proof of identity, list of heirs, inventory, receipts for allowance payments, and any creditor notices).
5. Request an accounting or court order resolving allowance payments. Ask the Court to approve an accounting that shows how family allowance funds were paid and to authorize any reimbursements or final distributions. The Court may order repayment to the estate if payments exceeded what was allowable under law and not previously approved.
6. Distribute remaining assets under Court order or affidavit process. If the small‑estate procedure applies, the court or statute will allow distribution of personal property (for example, to heirs or a spouse) without full administration. If the estate does not qualify, the Court will direct full administration or appointment of a fiduciary.

Practical points and consequences to watch for

• Family allowance payments are ordinarily charged to the estate; they do not create an absolute gift to the payees. The estate or other heirs may have rights if payments were excessive or not properly approved.
• Stopping allowance payments without court approval can create disputes or personal liability for the person who paid them if the Court later determines the payments were required.
• Creditors, tax obligations, and liens must be considered before any final distribution. Summary procedures that allow small distributions usually address only limited categories of personal property and do not resolve all creditor claims.
• Procedures and dollar thresholds for small estates or summary relief can change and differ by county; always confirm current local practice with the Surrogate’s Court.

When to get an attorney

Consider consulting a probate or estate attorney when:

• you are unsure whether the estate qualifies for a summary or small‑estate process;
• family allowance payments were large, disputed, or made without court approval;
• the estate has creditors, possible tax issues, or disputes among heirs;
• you need help preparing petitions, accountings, or court motions.

Helpful Hints

• Gather documents first: decedent’s will (if any), death certificate, bank statements, account numbers, receipts for allowance payments, and a list of heirs and contact information.
• Call the Surrogate’s Court clerk in the county where the decedent lived. Clerks can often tell you which local forms or summaries are available and whether your estate likely qualifies for summary handling: nycourts.gov — Surrogate’s Courts.
• Keep careful receipts and documentation for every family allowance payment — you will need them for any final accounting submitted to the Court.
• Do not make unilateral distributions of estate property until the Court issues an order or you complete the statutory affidavit/summary process.
• If you served as a personal representative or informal payor, maintain clear records; the Court can require repayment if payments were improper or excessive.