New York Small Estate Affidavit | Affidavit of Heirship

If a loved one dies in New York state without a last will and testament, then successors may file either an affidavit of heirship or a small estate affidavit to claim and distribute the decedent’s estate. In this state, however, successors must file their affidavits with the probate court. The law in the state was updated recently, as well, so that if a loved one passed away between 1996 and 2008, the estate may not exceed $20,000 in value; if the decedent passed away after 2009, then the estate may not exceed $30,000 in value.

Affidavit of Heirship: Unlike other states, New York requires that the affidavit of heirship be filed in probate court, and a probate judge will still distribute the property evenly among successors such as a surviving spouse and children. Creditors may also file an affidavit of heirship as long as they have documents proving the decedent owed money.

Small Estate Affidavit: a decedent’s real estate property in New York may be worth as much as $30,000.


In New York state, a surviving spouse may file an affidavit of heirship to collect up to $30,000 of the loved one’s estate. However, the affidavit must be filed with the state’s probate court so that a judge may distribute some of the private property, such as bank accounts and…

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The New York small estate affidavit and the affidavit of heirship are essentially the same document to the state, and are governed by the SCPA 1310 statute. If a loved one owned property or lived in New York, and passed away after 2009, then a surviving spouse may file a…