• Maximum Estate Value: $50,000^[1]
• Mandatory Waiting Period: None^[2]
• Where to File: Surrogate Court

An Affidavit in Relation to Settlement of Estate Under Article 13 can be used if the estate’s total value is $50,000 or less and the decedent did not own real estate solely in their name. There are certain exemptions to the small estate limit if the decedent left a surviving spouse and/or children under the age of 21.

The affidavit cannot be used if another application for a voluntary administration or letters of administration has already been made.

If the decedent left a will, the executor will complete the Affidavit and have it notarized. If the decedent died without a will, the documents will usually be completed by the closest distributee.^[3] The forms can be completed online and printed for filing.^[4]

If the decedent only had one distributee, or the distributees are part of the decedent’s extended family, a Family Tree Affidavit must be completed and signed before a notary.^[5]

The voluntary administrator can use this checklist to verify that all requirements are met prior to filing.

The notarized Affidavit, death certificate, original will (if one exists), and Family Tree Affidavit (if necessary) must be filed with the court clerk in the county where the decedent lived.

After the documents are filed, the clerk will mail each distributee and beneficiary a notice of the proceeding.^[6] The court will provide the voluntary administrator a certificate for each property or liability listed in the affidavit so that they may be collected.^[7]

The court-issued certificate can be presented to the estate’s debtors or custodians of the decedent’s property, who then must transfer the property or deliver payment to the voluntary administrator.

A record of all receipts and distributions made must be kept.

The voluntary administrator must open an estate bank account in a New York financial institution to deposit all funds received through the affidavit.^[8] They will also need to pay the estate’s administration and funeral expenses, and settle all debts using the estate’s assets.

Once all debts and expenses have been paid, the remaining estate can be distributed. Once completed, the voluntary administrator will need to file the Report and Account in Settlement of Estate Pursuant to Article 13 (Form SE-1D) with the surrogate court.^[9]