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.A surviving spouse may file a small estate affidavit and collect up to $50,000 of the decedent’s estate, including bank accounts and real estate. However, if there are other surviving heirs, such as children or even creditors, then the small estate affidavit will still be filed with probate court and a judge will administer the estate between all the heirs.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc). Also you may use the Online Fillable Version run by LawHelpInteractive.org.
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – Bring a certified copy of the death certificate and file the form with the proper clerk or courthouse.
