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 at the above address in person (recommended) or by mail.

 

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 Citation, New York County

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.