This will consist of examining the decedent’s estate. Make a list of the decedent’s assets. If the estate contains any real property—land and fixtures—then it is not eligible. Ensure that the total value of personal property is less than $50,000. Additionally, suppose the estate is involved in any pending or possible litigation, such as a lawsuit that might be filed surrounding the decedent’s death. In that case, the estate should go through the regular probate process, not voluntary administration.

Several documents are needed to file the small estate affidavit. Before attempting the file, the person who fills out the affidavit (known as “the affiant”) should have (i) the death certificate of the decedent, (ii) contact information for all other possible heirs, (iii) information regarding any unpaid creditors of the decedent; (iv) an enumeration of the estate’s assets, as described in the previous step; and (v) the decedent’s will, if there was one.

If the decedent had a will, the person that the will names as an executor will be the person to file the form. If the decedent did not have a will, then the person who should file the form will be determined through New York’s intestate succession scheme. A formal state-produced version of the form is available electronically through New York’s DIY Forms application. However, any version of the form is acceptable in most counties as long as it contains the necessary information. It’s wise to contact a specific county court to determine whether or not they require the state’s version of the affidavit. Either way, the form must be printed out and filed in person at the surrogate’s court for the county where the decedent resided at the time of death. For help finding the court, use the Court Locator.