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Small Estate Affidavit New York Form

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Small Estate Affidavit New York Form

Complete your New York small estate affidavit in minutes. Notarize it online and legally claim your right to the funds and other assets of the decedent.

What is a Small Estate Affidavit New York?

A New York small estate affidavit form or Affidavit of Voluntary Administration is a legal document to facilitate the relocation of the assets of a decedent and their regulated distribution between the heirs of the person who died. 

Small Estate Affidavit: New York Requirements

SCPA §1304 handles the background for the small estate affidavit completion and execution:

  • Time After Death: any time
  • Small estate limit: $50,000 (as of 2022-2023)
  • Notarization: Obligatory

Time After Death of the Decedent

In NY, you don’t have to wait a certain number of days to have passed after the person’s death to fulfill and submit the form.

Small estate limit

The small estate limit refers to the total estate value. Signing a small estate affidavit in NY is a suitable alternative to probate for your needs unless its maximum amount overwhelms the rate of $50,000.

Signing and Notarizing

The New York state requires you to notarize the small estate affidavit. You will have to cover the fee for the process in the amount of $1. You can find the corresponding regulation in SCPA §1304(4).

How to Get a Small Estate Affidavit in New York

To receive the NY form of settlement of small estates without court administration, you can turn to a local lawyer or use PandaDoc Notary to fill out, sign and notarize this legal document online. 

If there is a will and your name is highlighted, you can efficiently perform the role of the executor:

  • Collect all the necessary documents. Apart from a small estate affidavit form, you will require a certified copy of the death certificate and the decedent’s original will.
  • With all the records on board, you can file those documents to the Surrogate’s Court for further handling. The choice depends on the country where the deceased resided most of the time.

There are certain restrictions on who may present a New York State small estate affidavit without a will from the person who passed away. If the direct distributee wasn’t announced in that manner, you can play this part if:

  • EPTL 4-1.1 distinguishes what and how happens when it comes to filing the required documentation for the New York State administration in your area if an individual passed away intestate (namely without a testament).
  • You will inherit everything if you are the decedent’s spouse or their child and there are no other successors.
  • If a decedent left a family of the spouse and children without their will, the distribution of the assets will be as follows — $50,000 of the estate property together with half of the community assets will go to the spouse, while other shares will belong to the children of the deceased.
  • If you are a parent or a sibling of the deceased, you still have the right to be an applicant for a small estate affidavit. If other heirs are present, either type among these blood relations won’t win over the prior right of the spouse or the children in the matter. With no other successors, you will be the sole inheritor.

Small Estate Affidavit New York 2023: Instructions

Here are the basic steps to process your New York small estate affidavit.

Phase 1. Confirm Eligibility

Analyze the possessions and belongings of the decedent. The list of assets includes personal estate like jewelry, investments, and so on. Please note that owned money shall also be considered as the inheritance part. The estate is ineligible if it comprises the real property of the deceased.

This also entails verifying the combined worth of the personal property and ensuring that it isn’t over the limit of $50,000.

Phase 2: Collect the Necessary Documents

When you fill out as the affiant, you will definitely require additional data and legal documents:

  • the deceased’s death certificate to attach to a small estate affidavit;
  • the detailed information about all the successors, including their names, addresses, etc.;
  • the description and documental proof of debts and other non-finalized financial responsibilities of the decedent;
  • a list of the dead person’s possessions.
  • the decedent’s Last Will or Testament if left.

Phase 3: File the NY Small Estate Affidavit

While there are many DIY forms of the document, you should contact the lawyer to verify its quality if chosen. Preferring approved digital versions of the sworn statement from online authorities is another time-saving and cost-efficient option.

How to Notarize Small Estate Affidavit New York Online

A small estate affidavit in New York without notarization is illegal. If you want to turn it into a legally binding form, online notarization services will be the straightforward answer. PandaDoc Notary is an efficient tool to prepare, e-sign, and notarize multiple documents on one polyfunctional platform in seconds.

Step 1: Open the NY Small Estate Affidavit Form

Become a registered user of PandaDoc and fulfill the registration form quickly. Your name and password are required to get started. Open the blank small estate affidavit NY form and mention other members (if any). 

Step 2: Complete the Document

Fill out all the required fields and add your signature and all other members to inherit the assets.

Step 3: Find the Notary

When your form is filled out, proceed to the Notary tab and Create a New Request. Double check all the information you present for misspelling or errors. Click Notarize Now and go to the video session with an on-demand notary selected automatically. The notary is entitled to verify your identity and sign the document. 

Step 4. Finalize and Notarize

Choose one of the document types to prove your identity online or via a photo upload. It can be your state ID, driver’s license, passport, permanent residence card, etc. The notary will start the signing process and return a notarized NY small estate affidavit form which you can use at your discretion – download, share via email or print out.

How to Fill Out a Small Estate Affidavit New York

The best way to prepare a NY State small estate affidavit is to consult with experts and select verified templates to file out. Otherwise, you risk missing some crucial details of the legal agreement and getting a rejection from the court. The information checklist is a must-have:

  • Please ensure all the contacts of the file are valid.
  • Keep a record of your assessment activities, especially if done with third parties. You will be able to attach those files as supporting documents for your small estate affidavit.

Here is what a small estate affidavit in NY looks like and what information it requires:

  • Declare the reference number that was allocated by the state to this case in order to identify the topic at hand.
  • Provide the decedent’s full mane.
  • In Section B, specify your relation to the deceased.
  • If you have covered the funeral expenses, you can claim a full or partial reimbursement out of the deceased’s assets. Please specify the exact amount. The limit is $15,000.
  • Sign the form and approve notarization from the notary public.

FAQ

What is the purpose of a small estate affidavit in New York?

The purpose of a NY small estate affidavit is to back up your right to succession by completing and submitting the form to the target establishments in your area, namely the court and/or financial institution in the area where the decedent resided. The main advantage and goal to apply this method of inheritance are to avoid formal probate.

When do you need a small estate affidavit in New York?

You will have the right to create and fill out a small estate affidavit in New York if you are a blood relative to the decedent (spouse, child, parent, or sibling) and have the intention to claim an inheritance. This legal document will regulate the distribution of personal estate only — no real estate included.

Does a small estate affidavit need to be notarized in New York?

Yes. The Affidavit of Voluntary Administration will be invalid without notarization. The basic need for this requirement is to ensure the right person is about to claim an inheritance and eliminate the risk of scams and fraud in the deal. 

How do I notarize small estate affidavits in New York?

You have to delegate the notarization duty to a professional third party. The process consists of a few steps if it takes place over the internet:

  • You share the file with the notary to check its validity, eligibility, and accuracy.
  • The notary signs and seals the document. The record of the procedure will be kept for sure.
  • The professional returns the vetted and certified document to you.

If you meet such an expert privately, the aforementioned steps don’t change — you just alter the exact format of the procedure execution.

How to file a small estate affidavit in New York?

Filing this type of legal document is a multi-phase procedure. Although there is no waiting time to get it started, please ensure your analysis of the decedent’s estate is thorough, transparent, and detailed. This will help you fill out the form correctly. Follow the small estate affidavit New York instructions to succeed.