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N.Y. Surr. Ct. Proc. Act § 1301 · checked 2026-10-20
New York small estate affidavit limit
In New York the small estate administration (voluntary administrator) is available when the gross value of personal property, not counting property set off to the family under EPTL 5-3.1(a) is $50,000 or less; the statute sets no waiting period. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $50,000
- 2Waiting period None stated
- 3Filed with Court
- 4Statute N.Y. Surr. Ct. Proc. Act § 1301
What N.Y. Surr. Ct. Proc. Act § 1301 says
The operative words of the statute, as read on 2026-10-20:
“a gross value of $50,000 or less”
That test is applied to the gross value of personal property, not counting property set off to the family under EPTL 5-3.1(a). Article 13 does not apply to any interest in New York real property (SCPA 1302).
Source: N.Y. Surr. Ct. Proc. Act § 1301. Last checked 2026-10-20.
Worked examples against the $50,000 limit
| Estate value | Result under N.Y. Surr. Ct. Proc. Act § 1301 |
|---|---|
| $30,000 | Within the limit |
| $50,000 | Within the limit |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — gross value of personal property, not counting property set off to the family under EPTL 5-3.1(a) — not everything the person owned. New York's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.
When the route opens
N.Y. Surr. Ct. Proc. Act § 1301 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.
If the estate goes through full probate instead, creditors have 7 months counted from the issue of letters (N.Y. Surr. Ct. Proc. Act § 1802). The New York probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. Opening full administration for an estate of $51,000 would cost $280 under N.Y. Surr. Ct. Proc. Act § 2402 — see probate court fees in New York.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate administration (voluntary administrator) and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby Mid-Atlantic jurisdictions
New Jersey: $50,000; Pennsylvania: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the New York probate court or its self-help center before filing.