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New York Small Estate Affidavit for Estates Not More Than $50,000

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New York
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NY-ET10
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Description

Under New York statutes, where an estate is valued at not more than $50,000, an interested party may, at any time after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent. New York law imposes several responsibilities on a voluntary administrator.

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FAQ

A small estate affidavit is a sworn written statement that authorizes someone to claim a decedent's assets outside of the formal probate process.

A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.

In most states, however, there is the option to use a small estate affidavit when the assets of the estate are under a certain dollar amount, which varies by state. An attorney is not required to file a small estate affidavit, although it may be helpful to consult with one prior to filing the small estate affidavit.

When a Decedent (the person who died) had less than $50,000 of personal property then it's considered a small estate, and is formally called a voluntary administration. It does not matter if the Decedent had a Will or not. Personal property are things that belong to a person not including real property.

Small estate administration is a simplified court procedure that is an alternative to the longer probate process. It is available when the person who dies did not own that much in assets. There is often a limit to the value of the property, such as $25,000 or $100,000.

When you use a small estate affidavit , you have to pay the decedent's bills before paying money to anyone else. For example, the decedent might have owed money to a credit card company when they died. If you use the small estate affidavit, you must give money from the estate to pay the credit card company.

The Illinois small estate affidavit provides a streamlined way for an heir-at-law of a decedent to gather and distribute the assets of the estate of a person who died, provided that no other petition to open an estate in probate court has been filed and that the assets of the person who died do not exceed $100,000.

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New York Small Estate Affidavit for Estates Not More Than $50,000