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Small Estate Affidavit Program

Aviso: Este programa es en inglés, cuando termine este programa podrá imprimir las instrucciones en español.

The small estate administration is a simplified court procedure available if the person who died did not have many assets. You can ask the Surrogate's Court to let you divide and give away their property to people who have a legal right to inherit.  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.

You can use this program if:

  • If the decedent (the person who died) passed away between August 29, 1996 and December 31, 2008 AND had $20,000 or less in personal property (not land or buildings).
  • If the decedent passed away after January 1, 2009 AND had $30,000 or less in personal property.
  • If the decedent owned real property, he/she owned it jointly with someone else and you don’t plan to sell the real estate.

IMPORTANT:
If the decedent owned real property only in his/her name or died before August 29, 1996, you CAN'T use this program. Contact your local Surrogate's Court for more information.

 

Information Checklist

You will need the following information with you when you use this program:

  • The name and address of the decedent (the person who died)
  • A certified copy of the death certificate
  • The name and address of the decedent's husband or wife, children, and grandchildren.
    • If the decedent did not have a husband or wife, children or grandchildren, the name and address of the decedent's father and mother.
    • If the decedent's parents are no longer living, the name and address of the decedent's siblings.
    • If the decedent's siblings are no longer living, then the name and address of the siblings' children.
    • If none of the above family members of the decedent are living, then the name and address of any aunt or uncle of the decedent.
  • The original Will, if the decedent had a Will, and the names and addresses of people mentioned in the Will.
  • If the decedent had assets, the value of each asset. You will need account numbers and serial numbers of assets. Assets may include the following: bank accounts (not joint accounts), investment accounts, insurance policies, and cars and boats
  • The decedent's unpaid creditors. This may include the following: credit card bills, utility bills, and funeral expenses

Download the checklist of information you will need to complete this program.

 

Start

  Small Estate Affidavit Program

Note: You will be taken to our partner website called LawHelp Interactive.

You can "Sign Up to Save Your Work" or go directly to the program without signing up by clicking on "Get Started" or "Go". Then check to agree to the Terms of Use and click on "Continue" to begin the program.

 

About DIY Forms

Who Can Use These Programs?
You can use DIY Forms if:

  • you're a court user and you don't have a lawyer;
  • you're a legal services provider;
  • you're a pro bono lawyer. Pro bono lawyers filing a DIY Form must submit thispro bono affirmation.
  • you're from a low-bono (reduced fee) program recognized and authorized to use the DIY Form programs by the NYS Courts Access to Justice Program. You must submit this low-bono affirmation with the filing.

Commercial use is prohibited and no one may charge for using these programs. When you begin the program, you will be asked to accept these terms of use.

Computer Requirements
In order to use DIY Form programs, make sure you have the following:

Note: If you're on a Mac and do not have Microsoft Word, this program will not work for you.

Help Using DIY Forms
See Frequently Asked Questions for help using DIY Form programs.

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