What to Do in New York When a Loved One Passes With a Small Estate

What to Do in New York When a Loved One Passes With a Small Estate

Losing a loved one is difficult, and the legal steps that follow can feel overwhelming—especially when the estate is small and you simply need to claim assets like a pension benefit or a tax refund. Fortunately, New York law offers a streamlined process called “Voluntary Administration” (or “Small Estate Administration”) designed specifically for these situations.

What Qualifies as a Small Estate in New York?

A small estate in New York is defined as an estate with $50,000 or less in personal property—this includes things like bank accounts, cars, pension benefits, tax refunds, and other assets owned solely by the decedent. Crucially, a small estate does not include:

• Real estate (houses, land, condos) owned solely by the decedent

• Shares of a business

• Assets with named beneficiaries (like life insurance or retirement accounts payable directly to someone else)

• Jointly owned property, which usually passes automatically to the surviving owner1

If the decedent owned real property in their name alone, the estate does not qualify for the small estate process and must go through a more formal probate or administration proceeding.

When to Use the Small Estate (Voluntary Administration) Process

This process is ideal when:

• The decedent’s personal property totals $50,000 or less

• There is no real property in the decedent’s name alone

• You need to collect assets such as a pension benefit, tax refund, bank account, or similar items

Step-by-Step: How to Administer a Small Estate in New York

1. Gather Essential Documents

• Original certified death certificate (cannot be returned)

• Decedent’s original Will (if there is one)

• Proof of the asset(s) you are claiming (e.g., pension statement, tax refund notice)

• List of decedent’s assets and estimated values

2. Identify the Appropriate Surrogate’s Court
File in the Surrogate’s Court in the county where the decedent lived at the time of death.

3. Complete the Small Estate Affidavit (Voluntary Administration Petition)

• Download the required forms from the New York Courts website or obtain them from the court clerk.

• Fill out the petition, listing all assets, their values, and all distributees (heirs) according to New York law.

• If there is a Will, the executor named is typically appointed the Voluntary Administrator. If not, the closest relative is appointed.

4. File the Petition

• Submit the completed forms, death certificate, and Will (if any) to the Surrogate’s Court—either in person, by mail, or in some counties, electronically.

• Pay the filing fee (usually modest compared to full probate).

5. Obtain Certificates of Voluntary Administration

• The court will review your application and, if approved, issue certificates authorizing you to collect the listed assets.

6. Collect and Distribute Assets

• Present the certificates to banks, pension administrators, or other institutions to collect the assets.

• Use the assets to pay any outstanding debts or expenses (such as funeral costs).

• Distribute the remaining assets to the heirs as required by law or the Will.

County Surrogate’s Court Contact Information

Below are contact details for Surrogate’s Courts in New York City’s five boroughs. For other counties, visit the New York State Unified Court System website.

Frequently Asked Questions

What if there is no Will?
The closest living relative can file for Voluntary Administration. Assets are distributed according to New York’s intestacy laws.

Can I use this process to claim a pension or tax refund?
Yes, as long as the total value of the estate (excluding real property and jointly owned assets) is $50,000 or less.

What if the asset has a named beneficiary?
Assets with named beneficiaries (like most life insurance or retirement accounts) are not part of the estate and pass directly to the beneficiary; they do not require court administration.

What if the decedent owned real estate?
If the decedent owned real property in their name alone, you cannot use the small estate process. You must file for probate (if there’s a Will) or administration (if there’s no Will).

Key Takeaways

• The small estate process in New York is a fast, affordable way to claim assets when the estate is valued at $50,000 or less and does not include real estate or business interests.

• The process is handled through the Surrogate’s Court in the county where the decedent lived.

• You’ll need a death certificate, a list of assets, and to complete the Voluntary Administration forms.

• The court will appoint a Voluntary Administrator and issue certificates to collect and distribute the assets.

For more detailed instructions or to download forms, visit the official New York Courts website or contact your local Surrogate’s Court.

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If you need guidance or representation, consulting with an experienced New York estate attorney can help ensure the process is handled efficiently and correctly.