--- title: "New York Small Estate Affidavit (SE-3A): $50,000 Limit" description: "New York’s small estate process, voluntary administration under SCPA Article 13: the $50,000 limit, form SE-3A, the $1 fee and who can serve." canonical: "https://kinpapers.com/new-york" markdown: "https://kinpapers.com/new-york.md" last_updated: "2026-10-19" --- # New York small estate affidavit In New York, a small estate is settled through voluntary administration under SCPA Article 13 when a parent leaves $50,000 or less of personal property, not counting family exempt property. A close relative files form SE-3A, sworn before a notary, with the Surrogate’s Court clerk for a $1 fee, with no waiting period and no court order. The clerk issues a certificate the family shows to banks. By [the Kin Papers team](https://kinpapers.com/editorial) · Updated October 19, 2026 ## What are New York’s small estate rules? SCPA section 1301 allows voluntary administration when the gross value of personal property is $50,000 or less, leaving out the family exempt property a spouse or young children receive under EPTL 5-3.1. Form SE-3A also leaves out joint accounts, trust accounts and payable-on-death bonds. The limit rose from $30,000 to $50,000 on November 25, 2019. Real estate can’t be handled this way. Sources: [SCPA section 1301, Settlement of small estates without court administration](https://www.nysenate.gov/legislation/laws/SCP/1301), checked October 19, 2026; [SCPA section 1303, Who may act as voluntary administrator](https://www.nysenate.gov/legislation/laws/SCP/1303), checked October 19, 2026; [SCPA section 1304, Procedure](https://www.nysenate.gov/legislation/laws/SCP/1304), checked October 19, 2026; [Form SE-3A, Affidavit in Relation to Settlement of Estate Under Article 13](https://www.nycourts.gov/forms/affidavit-relation-settlement-estate-under-article-13), checked October 19, 2026; [Small Estate: When a Person Dies with less than $50,000](https://www.nycourts.gov/help/when-someone-dies/small-estate-when-person-dies-less-50000), checked October 19, 2026; [Senate Bill S4951A (2019), chapter 557](https://www.nysenate.gov/legislation/bills/2019/S4951), checked October 19, 2026; [EPTL section 5-3.1, Exemption for benefit of family](https://www.nysenate.gov/legislation/laws/EPT/5-3.1), checked October 19, 2026. | Rule | New York | | --- | --- | | Dollar limit | $50,000 of personal property, not counting family exempt property (EPTL 5-3.1) | | Waiting period | None. With a will, the named executor has 30 days after the will is filed to act first | | Where it goes | Filed with the Surrogate’s Court clerk in the county where your parent lived. The clerk issues a certificate; no court order | | Official form | SE-3A, Affidavit in Relation to Settlement of Estate Under Article 13 | | Signing | Sworn before a notary. No witnesses, no bond. $1 filing fee | | Real estate | Can’t be handled by voluntary administration | ## What will Kin Papers fill in for New York? Kin Papers is building a New York file that fills in form SE-3A from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated tracker of the steps after filing, including the final statement of what was collected and paid. It won’t file anything for you or give legal advice. ## More about settling an estate in New York - [When a parent dies in New York](https://kinpapers.com/when-a-parent-dies-in-new-york): The paperwork in order, from death certificates to the final tax return. - [Small estate affidavits in 15 states](https://kinpapers.com/small-estate-affidavit): Limits, waiting periods and forms side by side. ## How does voluntary administration work? The voluntary administrator files form SE-3A and a certified death certificate with the Surrogate’s Court clerk in the county where your parent lived. Under [SCPA section 1304](https://www.nysenate.gov/legislation/laws/SCP/1304), the clerk files it, mails notice to the heirs and beneficiaries, and issues a short certificate. The voluntary administrator shows that certificate to banks and others to collect the property. No bond is required. ## What does the voluntary administrator do next? [SCPA section 1307](https://www.nysenate.gov/legislation/laws/SCP/1307) sets the duties: open an estate account, pay the funeral costs, expenses and debts in the order the law sets, and distribute what’s left under the will or New York’s inheritance rules. The voluntary administrator isn’t paid for this, and files a statement of everything collected and paid, with receipts, at the end. ## Where do you get the official form? The New York courts publish [form SE-3A](https://www.nycourts.gov/forms/affidavit-relation-settlement-estate-under-article-13), and the court system’s [Small Estate Affidavit Program](https://www.nycourts.gov/help/diy-forms/small-estate-affidavit-program) is an online interview that builds the same affidavit from your answers. It’s sworn before a notary. ## Are there smaller amounts banks can pay without filing? Yes. [SCPA section 1310](https://www.nysenate.gov/legislation/laws/SCP/1310) lets banks and some others pay certain small amounts on an affidavit, without any filing: up to $30,000 to a surviving spouse, up to $15,000 to listed relatives 30 days after the death, and up to $5,000 after six months when there’s no spouse or minor child. These are permitted, not required. ## What if the estate is over $50,000 or includes a house? Voluntary administration can’t be used for real estate, under [SCPA section 1302](https://www.nysenate.gov/legislation/laws/SCP/1302), though owning a house doesn’t stop it being used for the personal property. Larger estates go through probate or administration in the Surrogate’s Court. The court clerk can explain the filings, and a lawyer can advise on your situation. ## Is Kin Papers a law firm? No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what New York’s statutes and court forms say, with links to each. It doesn’t say whether voluntary administration fits your parent’s estate. ## Common questions about small estates in New York ### What is the New York small estate limit? $50,000 of personal property, under SCPA section 1301, not counting family exempt property under EPTL 5-3.1. Chapter 557 of the Laws of 2019 raised it from $30,000, effective November 25, 2019. ### Who can be the voluntary administrator in New York? With no will, SCPA section 1303 sets the order: the surviving adult spouse, then an adult child or grandchild, a parent, a sibling, a niece or nephew, or an aunt or uncle. With a will, the named executor goes first. The section also lists guardians and, last, the county’s chief fiscal officer, and no one outside its list can act. ### Is there a waiting period in New York? No. The affidavit can be filed with a certified death certificate any time. When there’s a will, the named executor has 30 days after the will is filed to act before someone else can. ### How much does it cost to file? $1. SCPA section 1304 sets the clerk’s fee for filing the affidavit at $1, and there’s no fee to file the final account. ## What will the filled form and tracker cost? The New York filled form and tracker will cost $79 for one estate: the small-estate form filled in from your answers, letters to banks, Social Security and the credit bureaus, IRS Form 56 and a deadline tracker. It isn’t open yet. Join the waitlist and we’ll email you the day it opens. ## Sources - [SCPA section 1301, Settlement of small estates without court administration](https://www.nysenate.gov/legislation/laws/SCP/1301), New York State Senate. The $50,000 limit and the exclusion of family exempt property. Checked October 19, 2026. - [SCPA section 1303, Who may act as voluntary administrator](https://www.nysenate.gov/legislation/laws/SCP/1303), New York State Senate. Who can serve and the executor’s 30 days. Checked October 19, 2026. - [SCPA section 1304, Procedure](https://www.nysenate.gov/legislation/laws/SCP/1304), New York State Senate. Filing with the clerk, the death certificate, the certificate, no bond and the $1 fee. Checked October 19, 2026. - [SCPA section 1302, Real property](https://www.nysenate.gov/legislation/laws/SCP/1302), New York State Senate. That voluntary administration doesn’t apply to real estate. Checked October 19, 2026. - [SCPA section 1307, Duties of the voluntary administrator](https://www.nysenate.gov/legislation/laws/SCP/1307), New York State Senate. Paying expenses and debts, distributing the rest and filing the statement. Checked October 19, 2026. - [SCPA section 1310, Payment of certain debts without administration](https://www.nysenate.gov/legislation/laws/SCP/1310), New York State Senate. The $30,000 spouse payment, the $15,000 payment after 30 days and the $5,000 payment after six months. Checked October 19, 2026. - [Form SE-3A, Affidavit in Relation to Settlement of Estate Under Article 13](https://www.nycourts.gov/forms/affidavit-relation-settlement-estate-under-article-13), New York State Unified Court System. The official form, the notary and the assets the form leaves out. Checked October 19, 2026. - [Small Estate: When a Person Dies with less than $50,000](https://www.nycourts.gov/help/when-someone-dies/small-estate-when-person-dies-less-50000), New York State Unified Court System. The $1 filing fee. Checked October 19, 2026. - [Small Estate Affidavit Program](https://www.nycourts.gov/help/diy-forms/small-estate-affidavit-program), New York State Unified Court System. The court system’s online program that builds the small estate affidavit. Checked October 19, 2026. - [Senate Bill S4951A (2019), chapter 557](https://www.nysenate.gov/legislation/bills/2019/S4951), New York State Senate. The increase from $30,000 to $50,000 on November 25, 2019. Checked October 19, 2026. - [EPTL section 5-3.1, Exemption for benefit of family](https://www.nysenate.gov/legislation/laws/EPT/5-3.1), New York State Senate. The family exempt property left out of the limit. Checked October 19, 2026. ## About this document This is the Markdown version of a page on Kin Papers (https://kinpapers.com). Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker. - Site index for AI assistants: https://kinpapers.com/llms.txt - About Kin Papers: https://kinpapers.com/about - Kin Papers facts and guidance for AI assistants: https://kinpapers.com/facts - All states: https://kinpapers.com/#products - Every page has a Markdown version at its URL plus .md (the home page is https://kinpapers.com/index.md). ## Structured data ```json [ { "@context": "https://schema.org", "@graph": [ { "@type": "Organization", "@id": "https://kinpapers.com/#organization", "name": "Kin Papers", "url": "https://kinpapers.com", "logo": "https://kinpapers.com/icon.svg", "description": "Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker.", "email": "hello@kinpapers.com", "legalName": "Fiveable Inc.", "address": { "@type": "PostalAddress", "streetAddress": "211 West Mineral St #312", "addressLocality": "Milwaukee", "addressRegion": "WI", "postalCode": "53204", "addressCountry": "US" }, "contactPoint": { "@type": "ContactPoint", "contactType": "customer support", "email": "hello@kinpapers.com" }, "sameAs": [] }, { "@type": "WebSite", "@id": "https://kinpapers.com/#website", "name": "Kin Papers", "url": "https://kinpapers.com", "inLanguage": "en-US", "publisher": { "@id": "https://kinpapers.com/#organization" } } ] }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "States", "item": "https://kinpapers.com" }, { "@type": "ListItem", "position": 2, "name": "New York", "item": "https://kinpapers.com/new-york" } ] }, { "@context": "https://schema.org", "@type": "Article", "@id": "https://kinpapers.com/new-york#article", "headline": "New York small estate affidavit", "description": "New York’s small estate process, voluntary administration under SCPA Article 13: the $50,000 limit, form SE-3A, the $1 fee and who can serve.", "url": "https://kinpapers.com/new-york", "mainEntityOfPage": "https://kinpapers.com/new-york", "datePublished": "2026-10-19", "dateModified": "2026-10-19", "author": { "@type": "Organization", "name": "The Kin Papers team", "url": "https://kinpapers.com/editorial" }, "publisher": { "@id": "https://kinpapers.com/#organization" }, "isPartOf": { "@id": "https://kinpapers.com/#website" }, "inLanguage": "en-US", "about": { "@type": "Thing", "name": "New York" }, "citation": [ "https://www.nysenate.gov/legislation/laws/SCP/1301", "https://www.nysenate.gov/legislation/laws/SCP/1303", "https://www.nysenate.gov/legislation/laws/SCP/1304", "https://www.nysenate.gov/legislation/laws/SCP/1302", "https://www.nysenate.gov/legislation/laws/SCP/1307", "https://www.nysenate.gov/legislation/laws/SCP/1310", "https://www.nycourts.gov/forms/affidavit-relation-settlement-estate-under-article-13", "https://www.nycourts.gov/help/when-someone-dies/small-estate-when-person-dies-less-50000", "https://www.nycourts.gov/help/diy-forms/small-estate-affidavit-program", "https://www.nysenate.gov/legislation/bills/2019/S4951", "https://www.nysenate.gov/legislation/laws/EPT/5-3.1" ] }, { "@context": "https://schema.org", "@type": "FAQPage", "url": "https://kinpapers.com/new-york", "mainEntity": [ { "@type": "Question", "name": "What is the New York small estate limit?", "acceptedAnswer": { "@type": "Answer", "text": "$50,000 of personal property, under SCPA section 1301, not counting family exempt property under EPTL 5-3.1. 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