Administration / Small Estates Department

Address

31 Chambers Street, Room 505
New York, NY 10007

Phone: (646) 386-5005

Email: Administration_General@nycourts.gov

 

Hours

9 a.m. to 5 p.m., Monday to Friday

Papers that require a fee must be submitted by 3:30 p.m.

 

 

Forms & Information

All forms, checklists, and information sheets available in the Administration / Small Estates Department are on this webpage. Find the application you need below (a, b, c, d or e). Under each application there is one form that is always required * and the rest are sometimes required. See the checklists/information sheets for guidance and complete the necessary forms. Print the forms, have them signed and notarized (where indicated), and file the application in person, by mail, or by e-filing (NYSCEF Home).

 

a) Small Estates/Voluntary Administration

• When the value of decedent's estate is $50,000 or less.

• Whether decedent died with or without a Will.

• Excludes authority to sue for personal injuries or wrongful death, or to administer real property (house, land, condominium).

 

New York County Checklist

 

The Small Estate Affidavit (form SE-3A*; always required)

Family Tree Affidavit

Renunciation of Voluntary Administration

Schedule D(a) - Distributee Who Post-Deceased Decedent

 

Do-it-Yourself Small Estate Affidavit Program
(An alternative to filling out the forms. Your answers to the program's questions creates the completed forms)

 

b) Petition for Letters of Administration

• When the value of the decedent's estate is more than $50,000, and

• Decedent died without a Will.

• Includes authority to sue for personal injuries or wrongful death, and to administer real property (house, land, or condominium).

 

Statewide Checklist

 

Petition for Letters of Administration (set of 10 forms; form A-1* is always required)

Family Tree Affidavit

Affidavit of Assets & Liabilities

Schedule D(a) - Distributee Who Post-Deceased Decedent

Administration Decree, New York County

Administration Citation, New York County

Administration Citation, New York County (used during COVID-19)

Notice to Cited Parties, New York County (used during COVID-19)

Uniform Rules for Surrogates's Court § 207.16 (lineage, family tree, and due diligence guidelines)

Non-marital children of a male decedent (procedural guideline)

Instructions for Notice to Consul General

Instrucciones para Cónsul General

 

New York County Checklist - Petition for Letters of Administration by Creditors/Litigants

 

c) Petition for Letters of Administration d.b.n.

• When the Administrator died and a successor is needed to continue administering decedent's estate.

 

Statewide Checklist

 

Petition for Letters of Administration d.b.n. (set of 8 forms; form ADM/DBN-1* is always required)

Affidavit of Assets and Liabilities

Schedule D(a) - Distributee Who Post-Deceased Decedent

 

d) Petition for Ancillary Letters of Administration

• When there is an actual administration in decedent's domicile and property in New York County that needs to be administered, and

• Decedent died without a Will.

 

New York County Checklist

 

Petition for Ancillary Letters of Administration (set of 3 forms; form AA-1* is always required)

Waiver and Consent to Appointment of Ancillary Administrator

Decree Granting Ancillary Letters of Administration

NYS Tax Department - Instructions to Request a Waiver of Citation and Consent

Surrogate's Court Procedure Act § 1601; 1607 (Foreign estates)

 

e) Petition to Amend Letters of Administration

• To raise the collection limit or otherwise amend letters of administration previously issued.

 

Petition and Order to Amend Letters of Administration (*always required)

Affidavit of Assets and Liabilities

 

More Forms

General Affidavit

Affidavit of Service of the Citation - Personal Delivery

Affidavit fo Service of the Citation - by Mail

Affidavit of Mailing (papers other than the citation)

Notice of Settlement - with Uniform Rules for Surrogate's Court § 207.37

Substituted Service Order - NYS resident respondents

Staples Affidavit - Voluntary Administration

Amended Affidavit – Voluntary Administration

Report and Account – Voluntary Administration

 

More Information

Court Fees - Administration proceedings

How to Serve the Citation - with affidavits of service

Uniform Rules for Surrogate's Court § 207.16 (lineage, family tree, and due diligence guidelines)

How to apply for an EIN

NYS Tax Department - Instructions to Request a Waiver of Citation and Consent

Estates, Powers and Trusts Law § 13-3.4. - Payment or delivery of property to foreign fiduciaries

Surrogate's Court Procedure Act § 206; 208 (Non-domiciliaries; jurisdiction and venue)

 

Administration Department notes:

• Applications filed by mail may not be reviewed for up to 4 weeks; applications filed in person are reviewed immediately.

• Small Estates/Voluntary Administration processing time is 2 business days; same day service for sealed apartments if application is complete and submitted by 3 p.m.

• Court staff can notarize your court documents if you come in person and show us government issued picture ID.