Settle a small estate in New York without probate

In New York this is called: Small estate (voluntary administration); small estate affidavit filed with the Surrogate's Court. If the person's personal property is worth $50,000 or less, one close relative or the named executor can file a short affidavit with the Surrogate's Court and get a certificate to collect and distribute it, without a full probate case or a hearing.

Up to $50,000, no waiting period, filed with a court.

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Checked against official sources: October 30, 2026.

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Small estate checker

Add up the estate and compare it with the New York limit for the date of death.

Letter to a bank

Present your signed affidavit to a bank or other holder in New York.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for New York, by procedure.

Car, bank, house in New York

Car or other vehicle

Bank accounts

A joint account set up to be paid to either owner or the survivor belongs to the surviving owner. An 'in trust for' (Totten trust) account goes to the named beneficiary.

House or land

Since July 19, 2024, an owner can sign a transfer on death deed so New York real estate passes to named beneficiaries at death without probate.

Small estate (voluntary administration): Affidavit in Relation to Settlement of Estate under Article 13 of the SCPA

One person files a short sworn affidavit with the Surrogate's Court and becomes the 'voluntary administrator'. The court gives a short certificate that lets that person collect the person's money and belongings, pay the bills and give the rest to the people who inherit. No judge's order or hearing is needed.

Limit

Up to $50,000 Counted at full value, without subtracting debts.

The person's personal property can have a gross value of $50,000 or less, not counting the family exemption items set aside for a surviving spouse or children under 21.

What counts

The gross value of the person's personal property (money, accounts, cars, belongings), not counting the items set aside for a surviving spouse or children under 21 under EPTL 5-3.1(a). Real estate is not counted. Debts are not subtracted.

Waiting period

There is no waiting period. The affidavit can be filed any time after the death.

Who can use it

In order of priority. With no will: the surviving adult spouse; then (if none, or the spouse renounces) an adult child or grandchild, parent, brother or sister, niece or nephew, or aunt or uncle; then a guardian, committee or conservator of a distributee; then the county's chief fiscal officer (or public administrator). With a will: the named executor or alternate executor, after filing the will with the Surrogate's Court; if they renounce or do not file within 30 days after the will is filed, a person who could ask for letters of administration with the will annexed. Only one of these people can serve.

Court or where to file

Surrogate's Court of the county where the person lived. If the person did not live in New York, the county where the personal property is.

Notary

It is a sworn affidavit on the official form. Making a false affidavit is perjury.

Papers to attach

Certified copy of the death certificate
The original will, if there is one (it is filed with the Surrogate's Court)
List of the person's personal property and its value, and of the people who inherit

Steps

Check that you are the person with the right to act and that the personal property is $50,000 or less.
Fill in the small estate affidavit and file it, with a certified death certificate, with the clerk of the Surrogate's Court.
The clerk files it and mails a notice to the other heirs and beneficiaries.
Get a short certificate from the clerk and give it to each bank or company holding the person's property.
Put all money you collect into an estate bank account in New York in the estate's name.
Pay the expenses, reasonable funeral costs and debts in the order the law sets, then give the rest to the people who inherit.
File a statement with the court listing everything collected and paid, with receipts or cancelled checks.

Fee

The statute sets a $1 fee for filing the affidavit (SCPA 1304(4)). There is no fee for filing the final account statement (SCPA 1307(2)). Certified copies and certificates may cost extra; ask the clerk.

Debts and responsibility

The voluntary administrator must answer to creditors, heirs, beneficiaries and any executor or administrator appointed later, the same way any estate fiduciary does. Anyone who knowingly makes a false affidavit to get the property can be prosecuted for perjury. The voluntary administrator is not paid for this work.

What the bank or holder must do

When the voluntary administrator gives the court's short certificate and a receipt (and surrenders any ownership document, such as a passbook), the bank or other holder is fully released for what it pays or delivers. If the holder refuses, the voluntary administrator may sue to recover the property, as long as the claim plus the rest of the estate is within the $50,000 limit; a certified copy of the affidavit is proof of the facts in it.

Forms

Small estate (voluntary administration) forms, NY Unified Court System Surrogate's Court forms

Law: N.Y. Surr. Ct. Proc. Act secs. 1301-1312

Source: Official page

Payment to a surviving spouse without administration (up to $30,000)

A bank, employer, insurer or government agency that owes the person money may pay up to $30,000 of it straight to the surviving spouse, on the spouse's affidavit, without any court case.

Limit

Up to $30,000

Up to $30,000 in total, counting all payments the spouse receives this way.

What counts

All payments the spouse receives this way from all payers added together. It applies to money owed to the person (bank deposits, wages, pensions, insurance or government money payable to the person or the estate) unless a beneficiary designation says otherwise.

Waiting period

The payer may pay the spouse right away; there is no waiting period.

Who can use it

The surviving spouse.

Court or where to file

Given to the bank, employer or other payer.

Notary

The spouse signs an affidavit.

Papers to attach

Spouse's affidavit showing that this payment and all others received this way total $30,000 or less

Steps

Ask the bank, employer or other payer whether it will pay under SCPA 1310.
Sign the affidavit the law requires and give it to the payer.

Fee

No court filing.

Debts and responsibility

The spouse must account for the money to an executor or administrator appointed later (or the public administrator), except to the extent the spouse is entitled to it under the family exemption; the amount received is credited to that exemption.

What the bank or holder must do

Paying is allowed, not required: the law does not take away the payer's right to refuse. A payment made in good faith releases the payer to the extent of the payment, even if the affidavit is false, as long as the person has died and the affiant really is the spouse.

Law: N.Y. Surr. Ct. Proc. Act sec. 1310(1), (2), (5)-(7)

Source: Official page

Payment of certain debts to family members without administration (up to $15,000, or $5,000 after six months)

At least 30 days after the death, a bank or other payer may pay up to $15,000 of money owed to the person to a close relative on an affidavit. A separate $5,000 rule applies after six months when there is no spouse or minor child.

Limit

Up to $15,000

Up to $15,000 in total, 30 days or more after the death. Separately, six months or more after the death, a debt of no more than $5,000 may be paid to a distributee, a creditor, or the person who paid the funeral, if the person left no spouse or minor child.

What counts

All payments made under this section by all payers that the affiant knows of after diligent inquiry, added together.

Waiting period

At least 30 days after the death for the $15,000 rule; at least six months for the $5,000 rule.

Who can use it

For the $15,000 rule, in this order of preference: the surviving spouse, an adult child (18 or older), either parent, a brother or sister, a niece or nephew; or, at the request of the spouse or one of these relatives, a creditor or the person who paid or owes the funeral bill. For the $5,000 rule: a distributee, a creditor, or the person who paid or incurred the funeral expenses.

Court or where to file

Given to the bank or other payer.

Notary

The person signs an affidavit.

Papers to attach

Affidavit stating the date of death, your relationship, that no executor or administrator has been appointed, the names and addresses of the people who will receive the money, and that all payments made this way total $15,000 or less (or $5,000 or less)

Steps

Wait at least 30 days after the death (six months for the $5,000 rule).
Ask the bank or payer whether it will pay under SCPA 1310.
Sign the affidavit with the required statements and give it to the payer.

Fee

No court filing.

Debts and responsibility

Anyone who receives money this way must account for it to an executor or administrator appointed later, or to the public administrator.

What the bank or holder must do

Paying is allowed, not required. A good-faith payment releases the payer to the extent of the payment, even if the affidavit is false, as long as the person has died, the waiting time has passed and the affiant really has the stated relationship.

Law: N.Y. Surr. Ct. Proc. Act sec. 1310(3)-(7)

Source: Official page

What counts toward the limit in New York

Add up the gross value of the person's personal property in the estate. Do not subtract debts. Leave out real estate, joint and 'in trust for' accounts, property with a named beneficiary, and the family exemption items set aside for a surviving spouse or children under 21.

Law: N.Y. SCPA 1301, 1302; EPTL 5-3.1

In this state the total is counted at full value, without subtracting debts.

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no surviving joint owner or trust ('in trust for') beneficiary, count. Law: SCPA 1301(1)
Joint or payable-on-death (POD) bank accounts	Left out	A joint account payable to either owner or the survivor belongs to the surviving owner. A trust account ('in trust for' or Totten trust) passes to the named beneficiary. These are not part of the small estate. Law: N.Y. Banking Law 675; EPTL 7-5.2
Cars and other vehicles	Counts	A car is personal property and counts. One car worth up to $25,000 that is set aside for a surviving spouse or children under 21 is left out of the total. Law: SCPA 1301(1); EPTL 5-3.1(a)(5)
Boats and mobile or manufactured homes	Counts	Boats and other personal property count at their value. Law: SCPA 1301(1)
Real estate in New York	Left out	Real estate is not counted and cannot be handled through the small estate procedure. Owning real estate does not stop you from using it for the personal property. Law: SCPA 1301(1), 1302
Main home (primary residence)	Left out	The person's home (real estate) is not counted and is not handled by the small estate procedure. Law: SCPA 1302
Real estate in another state	Left out	Real estate is not counted. Law: SCPA 1301(1), 1302
Unpaid wages owed to the person	Counts	Unpaid wages are money owed to the person and count. An employer may pay up to $30,000 to the spouse, or up to $15,000 to close relatives after 30 days, without administration (SCPA 1310). Law: SCPA 1301(1), 1310
Military pay owed to the person	Not clear	Article 13 does not say how military pay owed to the person is treated. Law: SCPA 1301
Life insurance or retirement money paid to a named person	Left out	Life insurance, pensions and retirement benefits paid to a named beneficiary belong to the beneficiary and are not part of the estate. Law: EPTL 13-3.2
Life insurance or retirement money paid to the estate	Counts	Insurance or retirement money payable to the person's estate counts. Law: SCPA 1301(1)
Property in a living trust	Not clear	Article 13 does not mention property held in a living trust. Law: SCPA 1301
Property owned jointly with right of survivorship	Left out	Property held jointly with a right of survivorship, such as a joint account, goes to the surviving owner and is not part of the small estate. Law: N.Y. Banking Law 675
Property going to a surviving spouse	Counts	Property that goes to the spouse under the will or inheritance law still counts. Only the family exemption items set aside under EPTL 5-3.1(a) are left out: household goods up to $20,000, family books and pictures up to $2,500, farm animals and machinery up to $20,000, one car up to $25,000, and money up to $25,000 (reduced in some cases). Law: SCPA 1301(1); EPTL 5-3.1(a)
Stocks, bonds and brokerage accounts	Counts	Stocks, bonds and brokerage accounts in the person's name alone, with no transfer-on-death beneficiary, count. Law: SCPA 1301(1)
Furniture, jewelry and other belongings	Counts	Belongings count at their value, except the household items, family books and pictures set aside for a surviving spouse or children under 21. Law: SCPA 1301(1); EPTL 5-3.1(a)(1)-(2)

Source: Official page

Car or vehicle title after a death in New York

A surviving spouse, or the guardian of children under 21, can take one of the person's vehicles worth $25,000 or less. To transfer it to someone else, the spouse or guardian signs the Affidavit for Transfer of Motor Vehicle before a notary or commissioner of deeds and gives the new owner a copy of the death certificate. If the vehicle is worth more than $25,000, the spouse or children may still take it by paying the estate the amount over $25,000. If there is no surviving spouse and no child under 21, no will to be probated and no executor or administrator, next of kin can transfer one vehicle worth $25,000 or less with form MV-349 (sworn before a notary or commissioner of deeds), the title and a copy of the death certificate; MV-349 cannot be used if the person owned more than one vehicle. In other cases the executor, administrator or voluntary administrator signs the title and gives the DMV a copy of the letters or the voluntary administrator's affidavit. A title from another state must be transferred by an executor or administrator. The DMV checklist MV-843 lists everything to bring.

Law: MV-349.1; N.Y. EPTL 5-3.1(a)(5); DMV forms MV-349.1, MV-349, MV-843

Agency: New York State Department of Motor Vehicles (DMV)
Form: MV-349.1 Affidavit for Transfer of Motor Vehicle (4/25); MV-349 Transfer of Vehicle Registered in Name of Deceased Person (8/21); checklist MV-843 (10/25)
Value limit: Up to $25,000
Fee: DMV title fees apply; ask the DMV.

Source: Official page

Bank accounts after a death in New York

A joint account set up to be paid to either owner or the survivor belongs to the surviving owner. An 'in trust for' (Totten trust) account goes to the named beneficiary. For an account in the person's name alone, a bank may pay up to $30,000 to the surviving spouse on an affidavit at any time, or up to $15,000 to a close relative on an affidavit after 30 days, but the bank does not have to. Otherwise the money is collected by a voluntary administrator (small estate) or an executor or administrator.

Law: N.Y. Banking Law 675; EPTL 7-5.2; SCPA 1304-1305, 1310

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in New York

Real estate (TOD deed)

Yes · Transfer on death deed

Since July 19, 2024, an owner can sign a transfer on death deed so New York real estate passes to named beneficiaries at death without probate. The deed must be signed before two witnesses who are present at the same time, acknowledged before a notary, and recorded in the county clerk's office before the owner's death. The owner can revoke it only by a recorded instrument. If the probate estate cannot pay allowed claims, the estate can collect from the property, but a proceeding must start within 18 months after the death.

Law: N.Y. Real Prop. Law sec. 424

Bank account (POD)

Yes

Law: N.Y. EPTL 7-5.1 to 7-5.8 (trust accounts); Banking Law 675

Securities (TOD)

Yes

Law: N.Y. EPTL Part 13-4 (registration of securities in beneficiary form)

Source: Official page

Surviving spouse in New York

A surviving spouse (or, if none, children under 21) is entitled to certain property set aside from the estate: household items up to $20,000, family books and pictures up to $2,500, farm animals and machinery up to $20,000, one car up to $25,000, and money up to $25,000 (reduced by any excess value of items taken). These items are not counted toward the $50,000 small estate limit. The spouse has first right to act as voluntary administrator when there is no will, and may collect up to $30,000 of money owed to the person on an affidavit without administration.

Debts of the person in New York

The voluntary administrator pays the necessary expenses of administration, reasonable funeral expenses and the person's debts, in the order set by law, before giving anything to the heirs. People who receive money under SCPA 1310 must account for it to any executor or administrator appointed later.

Medicaid estate recovery in New York

New York Medicaid must seek repayment from the estates of recipients who were 55 or older, or permanently in a nursing home or similar institution. In New York, 'estate' means property passing under a will or by intestacy (the probate estate); OMIG says its claim is against the estate assets in the person's name only, and family members are not personally responsible. Recovery is put off while there is a surviving spouse, a child under 21, or a blind or disabled child. Recovery may be waived for undue hardship, for example when the asset is the heir's only income-producing asset or is a home of modest value that is the heir's main home. If OMIG sends a Notice of Intent to File a Claim and an Estate Questionnaire, fill it out and return it, and ask for undue-hardship consideration there.

Law: N.Y. Soc. Serv. Law sec. 369(2), (5), (6)

Agency: NYS Office of the Medicaid Inspector General (OMIG), Casualty & Estate Recovery
Official page: Official page

Who inherits with no will in New York

If there is no will: a spouse and children share it, with the spouse getting $50,000 plus half of the rest and the children (or their descendants) getting the other half. A spouse with no children gets everything. Children with no spouse get everything. If there is no spouse or child, it goes to the parents, then to brothers and sisters (and their descendants), then to grandparents and their children and grandchildren.

Law: N.Y. EPTL sec. 4-1.1

Source: Official page

Death certificates in New York

The spouse, parent, child or sibling can order a certified copy; others must show a documented lawful right or claim, a medical need, or a court order. You must send a copy of photo ID (or two proofs of name and address). The state charges $30 per copy by mail, or $45 per copy plus a vendor fee online or by phone. Call center: (855) 322-1022.

Where to get it: New York State Department of Health, Vital Records (for deaths outside New York City); NYC Health Department for deaths in the five boroughs; or the local registrar where the death happened
Official page: Official page

Where to file in New York

The small estate affidavit is filed with the clerk of the Surrogate's Court in the county where the person lived (or, for a non-New Yorker, where the personal property is). There is no hearing. Spouse and family payments under SCPA 1310 are not filed anywhere; the affidavit goes to the bank or payer. Vehicle forms go to the DMV.

Law: MV-349.1 or MV-349

Good to know in New York

New York has no waiting period for the small estate affidavit; it can be filed right after the death (SCPA 1304(1)).
The small estate procedure cannot transfer real estate, but owning real estate does not prevent using it for personal property (SCPA 1302).
Since July 19, 2024, New York allows transfer on death deeds for real estate (Real Property Law 424).

Changes in 2024–2026

Real Property Law sec. 424 (transfer on death deeds) took effect July 19, 2024. DMV form MV-349.1 revised April 2025. No change to the $50,000 small estate limit (SCPA 1301) was found in the official statute text read October 2026; the limit was raised from $30,000 to $50,000 by L.2019, ch. 557 (signed November 25, 2019).

National rules that apply in every state

Federal estate tax

For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

Report all income up to the date of death and claim all eligible credits and deductions.
Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

Social Security retirement benefits are paid through the month before the month the person died.
If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

Debts are generally paid from the money and property the person left (the estate).
If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
The 'estate' includes at least the property in the person's probate estate under state law.
Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in New York

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

More help on our sister sites

Questions about small estates in New York

What is a small estate affidavit called in New York?

What is the small estate limit in New York?

Up to $50,000, no waiting period, filed with a court.

How long do I wait in New York?

There is no waiting period. The affidavit can be filed any time after the death.

Do I have to go to court in New York?

Surrogate's Court of the county where the person lived. If the person did not live in New York, the county where the personal property is.

How do I transfer a car after a death in New York?

What happens to a bank account after a death in New York?

Who inherits in New York if there is no will?

Do I owe the person's debts in New York?

Sources

Settle a small estate in New York without probate

Free tools

Small estate checker

Letter to a bank

Balance request letter

What-to-gather checklist

Car, bank, house in New York

Car or other vehicle

Bank accounts

House or land

Related pages

Small estate (voluntary administration): Affidavit in Relation to Settlement of Estate under Article 13 of the SCPA

Payment to a surviving spouse without administration (up to $30,000)

Payment of certain debts to family members without administration (up to $15,000, or $5,000 after six months)

What counts toward the limit in New York

Car or vehicle title after a death in New York

Bank accounts after a death in New York

Transfer-on-death (TOD) and payable-on-death (POD) in New York

Surviving spouse in New York

Debts of the person in New York

Medicaid estate recovery in New York

Who inherits with no will in New York

Death certificates in New York

Where to file in New York

Good to know in New York

Changes in 2024–2026

National rules that apply in every state

Federal estate tax

The final income tax return

Social Security

Savings bonds

Debts

A house with a mortgage

FDIC insurance on bank accounts

Medicaid estate recovery

Death certificates

Free help in New York

More help on our sister sites

Questions about small estates in New York