Personal property
$50,000
statutory cap
No mandatory wait
Personal property having a gross value of $50,000 or less. Excludes property set off under EPTL 5-3.1(a).
NY · Surrogate's Court
New York
Small-estate-affidavit threshold and procedure under § SCPA § 1301.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under New York's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Personal property having a gross value of $50,000 or less. Excludes property set off under EPTL 5-3.1(a).
Real property
Excluded — personal property only
Real-property transfer requires regular probate or RPAPL action.
03
Where to file
File with the Surrogate's Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The New York judicial system operates an authoritative court locator.
Find your county’s Surrogate's Court via the New York judicial council website. Search for “New York Surrogate's Court county locator” or visit the state government court directory.
04
Form & statute
Form
- SA-1 Voluntary Administration Petition
Statute