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Small Estates Affidavit (S.c.p.a. Section 1310) - New York
New York Small Estate Affidavit Form: What Is It?
For individuals that reside in the state of New York, a New York Small Estate Affidavit Form is a legal document that legally allows an individual inheriting a small estate to become the new legal owner after the decedent passes away. The main reason why an individual may choose this specific document is that it is a much quicker and easier solution in comparison to the probate process in court.
Alternate Names:
- Affidavit of Voluntary Administration;
- New York State Small Estate Affidavit.
When a New York Small Estate Affidavit is created, the individual inheriting the estate should be sure that the total assets of the estate do not exceed the maximal permitted amount which is determined by the state.
In New York, there are specific laws that regulate the document and these laws are all state dependent. Below we have compiled a list of the crucial laws that you need to be aware of prior to filing the document:
- Unlike the majority of states, there is no minimal time period that you need to wait after the passing of the decedent;
- The maximal value of the assets of the small estate should not exceed fifty thousand dollars;
- The document should be signed in front of a notary public;
- There is a charge for completing and filing this form and in New York this is just a mere $1.
A fillable New York Small Estate Affidavit can be downloaded by clicking the link below.
How to Get a Small Estate Affidavit in New York?
The easiest way to get a Small Estate Affidavit in New York is to download a ready-made template that is already specifically structured and designed for New York residents. There are specific elements that need to be included and these elements are described below. Alternatively, if you want to create your own form, you can use the information below as a guide on what needs to be included:
- Start by including the main reference number that was issued by the state so that the estate can quickly be identified;
- You must then include the name of the individual that has passed away;
- The following section should be signed by a surviving spouse by stating their initials if they are the sole beneficiary of the estate;
- The next section concerns other affiants (i.e. those that are not spouses) and any relations they had to them. Additionally, their relationship should also be described;
- The next part of the document focuses on the payment and this should include the sum along with the personal details and signature of the person outlined in one of the two previous sections;
- If not, an additional section for creditors can be filled in which includes the sum, personal details, taxpayer number, and of course their signature;
- The document will need to be notarized in accordance with the state laws.
Download Small Estates Affidavit (S.c.p.a. Section 1310) - New York
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