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The Will must be filed in Surrogate's Court and admitted for probate before the wishes of the person who died can be followed.If the person who died had less than $50,000 of personal property, then a small estate (also called a voluntary administration) can be filed instead.
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 don't plan to sell the real estate.
Step 1 Verify Eligibility. This will consist of examining the estate of the decedent.Step 2 Gather Documents.Step 3 File the Affidavit.Section A Surviving Spouse.Section B Surviving Spouse, Blood Relative Or Creditor.Payment Request By Affiant.Section C Creditor Statement Only.New York Notary Public Action.
When the person who died (the Decedent) had less than $50,000 of personal property then it's considered a small estate, and is called a Voluntary Administration. It does not matter if the Decedent had a Will or not. Personal property is things that belong to a person not including real property.
To prepare a small estate for an administrative hearing, the executor of the estate will need to file the will,a copy of the death certificate, and a small estate affidavit petition for the hearing with the Surrogate Court where the deceased lived.