AC130 pmd Small Estates Affidavit Table of Heirs Forms 2025

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To qualify for a small estate affidavit in New York, the total value of the deceased persons estate must be $50,000 or less, excluding real property like land or buildings. If the decedent owned real estate, the small estate procedure isnt an option.
Small estates are those valued at $30,000 or less, but that number can be deceptive because there are many types of assets that do not count toward the $30,000. Certain types of assets are automatically excluded from this amount, and a living trust can be created to keep other assets below the threshold.
Fill out the small estate affidavit form: You can get this form, also known as the Affidavit in Relation to Settlement of Small Estate, from the Surrogates Court in the county where the deceased person lived.
The New York State Surrogates Court Procedure Act (Section 1310) allows the surviving spouse and certain relatives of a deceased person to collect a benefit without court administration.
The court fee for filing the Affidavit is $1.00.
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A New York self-proving affidavit form is a legal document that can be used as an alternative to a witness providing live testimony in a probate proceeding involving a last will and testament. A testators will must go through probate court in order to be deemed valid and authentic.

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