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Question about small estate affidavit

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idek

Junior Member
What is the name of your state (only U.S. law)? NY

Can someone please explain the small estate affidavit thing for NY to me? I tried googling but I'm not finding a satisfactory answer for my question.

My question concerns this quote taken from the NY surrogate court website:
If the value of the estate is under $30,000 (exclusive of certain types of property, the clerk of court can provide more information as to whether you qualify), for a person dying on or after January 1, 2009, and the decedent owned no real estate, a small estate proceeding may be filed. (The amount is $20,000 for persons dying before January 1, 2009.) The filing fee is only $1.00. This proceeding is available for persons who died with or without a will.
Does that mean an estate owning property is exempt from a small estate affidavit if the decedent owned property? Are there no exceptions, like even if the total estate is still worth less than 30k even with the current property value?
 


anteater

Senior Member
Does that mean an estate owning property is exempt from a small estate affidavit if the decedent owned property? Are there no exceptions, like even if the total estate is still worth less than 30k even with the current property value?
By "property", I assume that you mean real property.

From the Surrogate's Court Procedure Act:
§ 1302. Kinds of property
This article is not applicable to any interest in real property in
this state owned by a decedent, but his owner ship of an interest in
real property shall not prevent the use of this article in administering
his personal property.
 

idek

Junior Member
Thank you for answering. Yes, I did mean real property. Does that mean a small estate affidavit could still be filed and it would just be for everything except the real property? So like vehicles, money, personal possessions, etc. as long as it's under 30k? I just want to make sure I understand what it's saying. :)
 

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