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How much does an estate have to be worth to go to probate in NY?

In New York, only estates valued higher than $50,000 need to pass through formal, full probate. The executor should keep in mind that the $50,000 total does not include all assets.

What is the limit for a small estate affidavit in NY?

You can use this program if: If the decedent (the person who died) had $50,000 or less in personal property. If the decedent owned real property, he/she owned it jointly with someone else and you dont plan to sell the real estate.

What is a New York State 1310 affidavit?

The SCPA 1310 Small Estates Affidavit allows payment of money owed to the deceased persons: surviving spouse, parent, sibling, adult child, niece or nephew, grandchild, grandparent, aunt, uncle and first cousins, certain creditors, and.

What is the threshold for probate in NY?

Further, the probate process can take anywhere between several months to several years. If the estate in question is eligible, a small estate affidavit can help a family skip through this entire process. Ideally, a small estate affidavit can get approved in just a few days, or a few weeks at most.

Does a small estate affidavit need to be filed with the court in NY?

Filing for a Small Estate If there is a Will, the Executor files the original Will and a certified death certificate with the small estate affidavit petition and other supporting documents in the Surrogates Court in the county where the Decedent had their primary residence.