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).
The Small Estate Affidavit (form SE-3A*; always required)
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).
Petition for Letters of Administration (set of 10 forms; form A-1* is always required)
Affidavit of Assets and Liabilities
Schedule D(a) - Distributee Who Post-Deceased Decedent
Administration Decree, New York County
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.
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.
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
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
Petitions filed with the Miscellaneous Department:
Petition to resign as administrator and appoint an administrator d.b.n.
Petition to revoke letters of administration and grant letters of administration d.b.n.
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)
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
Court staff can notarize your court documents if you come in person and show us government issued picture ID.
Small Estates/Voluntary Administration applications for sealed apartments can be processed the same day if filing is in person, complete, and submitted by 3 p.m.
The court does not review or accept e-filed petitions or small estate affidavits until an original death certificate, and original will if applicable, is received, except copies are sufficient with petitions by creditors/litigants. To prompt the court to review and accept e-filings when an original death certificate or original will was previously filed or when the petitioner is a creditor or litigant, file a copy of the death certificate or will with an e-filing confirmation printout by mail or in person, and note on the printout that: a) the original death certificate or original will was previously filed and note the corresponding file number, or b) the petitioner is a creditor or litigant. Once your petition or small estate affidavit is e-filed, supplemental documents to complete the file may be e-filed and no hard copy submission to the court is necessary.