New York probate checklist: voluntary administration, small estates and deadlines

At a glance

Voluntary administration: what the statute and the court say

• The limit. A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000.00 or less, exclusive of property required to be set off under EPTL 5-3.1(a) (SCPA 1301). The limit has not changed since the 2019 increase (Chapter 557 of 2019).
• Real property. SCPA 1302 says the article does not apply to real property the decedent owned. The court system’s own guidance says that if the decedent owned real property, like a house or land, in their name alone, it is not a small estate anymore, and that real property owned jointly with another person does not disqualify an estate that has less than $50,000.00 of personal property. Expect a full Surrogate’s Court proceeding when real property is in the decedent’s name alone, and ask the clerk.
• Set-off. When there is a surviving spouse, or if none, children under 21, EPTL 5-3.1(a) sets off household items not exceeding $20,000 in aggregate value, one motor vehicle not exceeding $25,000, and money not exceeding $25,000. That property is not counted toward the $50,000.00.
• No waiting period after the death is required (SCPA 1304(1)).
• Filing. The affidavit is filed with the Surrogate’s Court clerk. The filing fee is $1. The voluntary administrator need not give a bond. The clerk mails a letter or postcard notice to each distributee who has not renounced and to each beneficiary mentioned in the affidavit other than the affiant, and issues a short certificate (SCPA 1304).

Who may act

• No will: the surviving adult spouse, then in order a competent adult who is a child or grandchild, parent, brother or sister, niece or nephew, or aunt or uncle of the decedent, then the guardian of the property of an infant, the committee or the conservator who is a distributee, and if none, the chief fiscal officer of the county except in counties in which a public administrator has been appointed (SCPA 1303(a)).
• With a will: the named executor or alternate executor has the first right to act, upon filing the will with the Surrogate’s Court. If the executor renounces or does not file the required affidavit within thirty days after the will has been filed, an adult who would be entitled to petition for letters with the will annexed may file it (SCPA 1303(b)).

The court’s free Small Estate DIY Form program

The New York courts say the easiest way to make the court papers is the free Small Estate DIY (Do-It-Yourself) Form program on nycourts.gov. It prepares the affidavit. The court’s CourtHelp page on small estates explains who can use the procedure. ExecutorBench does not prepare the affidavit, an inventory or any Surrogate’s Court petition.

After the clerk issues the certificate

• Open an estate account in a bank in New York, deposit all money received, and sign checks in the name of the estate by yourself as voluntary administrator. Pay the necessary expenses of administration, the reasonable funeral expenses and the decedent’s debts, without compensation for your services, in the order provided by law (SCPA 1307(1)).
• Account for all personal property by filing with the clerk a statement of all assets collected and of all payments and distributions made, with receipts or cancelled checks. No fee is charged for filing the account (SCPA 1307(2)).
• A voluntary administrator has no power to enforce a claim for the wrongful death of the decedent or for personal injuries to the decedent (SCPA 1306(3)).
• There is no newspaper notice to creditors in this procedure.

When an attorney is needed

• A party may appear and prosecute or defend a special proceeding in person or by attorney (SCPA 401).
• The New York City Surrogate’s Court FAQ says: “You are not required to have an attorney.”
• An attorney is worth considering for contested matters, real property or larger estates.
• ExecutorBench never files anything for you and does not replace an attorney.

Key New York deadlines and dates

Dates ExecutorBench shows are planning dates computed from the dates you enter. Confirm each with the court.

Surrogate’s Court filing fees by estate value

For a probate or administration proceeding, the filing fee depends on the value of the estate (SCPA 2402).

What ExecutorBench does in New York

• Applies the New York rules above to the numbers you enter and shows the route that the rules point to, with the reason in plain language. It is not a legal determination.
• Leaves out one vehicle up to $25,000 as set-off property when you tell it a spouse or child under 21 survives.
• Lists the New York tasks and planning dates for your route, including the will filing, the estate account, paying expenses and debts in the legal order, and the account filed with the clerk, and lets you record court dates so later dates recalculate.
• Drafts notification letters (banks, creditors, insurers, credit bureaus) with a draft notice.

It does not give legal advice, prepare the affidavit, an inventory or any Surrogate’s Court petition, file anything with a court, or replace an attorney.

Pricing

• Free: the eligibility checker and an estate workspace with the immediate tasks.
• Estate Action Plan PDF, $29: a one-time snapshot of your route, deadlines and checklist for one estate. The amount is credited toward your first upgrade on that estate.
• Guided, $199: the full task plan with the state dates ExecutorBench tracks, one-time, per estate.
• Complete, $499: everything in Guided plus the letters and worksheets, and a read-only portal for beneficiaries, one-time, per estate.