Detailed Answer
Under New York law, a small estate affidavit streamlines the transfer of personal property when the decedent’s assets total no more than $50,000. Surrogate’s Court Procedure Act (SCPA) §1403 governs this process. To file the affidavit successfully, gather the following documents:
1. Certified Copy of the Death Certificate
This provides legal proof of death. Obtain it from the vital records office in the county where the death occurred.
2. Small Estate Affidavit Form
Use the standard form prescribed by the Surrogate’s Court or draft an affidavit that meets the requirements of SCPA §1403. The form must include your statement of heirship and a detailed list of assets.
3. Detailed Inventory of Assets
Prepare a schedule listing all personal property owned by the decedent—bank accounts, vehicles, furniture, jewelry and other valuables. Ensure the combined value does not exceed $50,000.
4. Proof of Heirship
Submit documents establishing your legal relationship to the decedent. Common proofs include birth certificates, marriage certificates or court orders for adoption or guardianship.
5. Affidavit of No Administration
Swear that no executor or administrator has been appointed for the estate and that no probate petition is pending in any jurisdiction.
6. Government-Issued Photo Identification
Provide a valid driver’s license, passport or state ID for the individual filing the affidavit.
Helpful Hints
- Verify total personal property value stays under the $50,000 limit.
- Use certified copies instead of originals when possible.
- Have all signed affidavits notarized before filing.
- File the completed affidavit in the Surrogate’s Court of the decedent’s county of residence.
- Include the required filing fee when submitting to the court.
- Keep a stamped copy of the filed affidavit for your records.
- Consult an attorney if multiple heirs contest the estate or if estate debts exceed available assets.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.