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Frequently Asked Questions

Can a surviving spouse file an affidavit of heirship in New York?

Adobe PDF In New York state, a surviving spouse may file an affidavit of heirship to collect up to $50,000 of the loved one’s estate. However, the affidavit must be filed with the state’s probate court so that a judge may distribute some of the private property, such as bank accounts and trusts, among other heirs, including children and creditors.

What is a small estate affidavit in New York?

The New York small estate affidavit and the affidavit of heirship are essentially the same document to the state, and are governed by the SCPA 1310 statute.A surviving spouse may file a small estate affidavit and collect up to $50,000 of the decedent’s estate, including bank accounts and real estate….

What is an affidavit of heirship?

The affidavit of heirship is an affidavit executed by a disinterested person, which should include a family tree unless the distributee is the spouse or only child of the decedent.

How do I file an affidavit of voluntary administration?

To do this you need to file a form called an "Affidavit of Voluntary Administration," also known as the "small estate affidavit." This free program will help you create the affidavit that you will need to file in Surrogate's Court. [Learn more about Small Estate] File this form in Surrogate's Court.


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