New York route screening

New York small-estate limit: $50,000

A 'small estate' is one leaving personal property with a gross value of $50,000 or less, exclusive of property required to be set off to a surviving spouse/children under EPTL 5-3.1(a).

Sources reviewed August 9, 2026. Latest primary-source re-fetch October 3, 2026.

1. Where and when

StateNew YorkFixed to this page. Open the navigator to compare another state.Date of deathRequired. Without it no waiting period can be tested and the route stays undecided.

2. What they left

Asset 1

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real property

Asset 2

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real propertyWill it be sold during administration?Some court charges are assessed on sale proceeds and exclude real property that is kept, so this changes the amount.

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Private by design: entries stay in this browser.

Your working estimate

New York estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted

Court chargeMore information neededNew York probate filing2 asset entries have no value entered. A blank amount is not treated as zero, so the charge cannot be computed.Court charges only, for the proceeding named beside each figure. That proceeding is not always the route screened above.

Scheduled executor compensationMore information needed2 asset entries have no value entered.SCPA § 2307 sets commissions on the sums of money the fiduciary receives and pays out: 5% on the first $100,000, 4% on the next $200,000, 3% on the next $700,000, 2.5% on the next $4,000,000, and 2% on all sums above $5,000,000. Commissions are computed on receipts and expenditures, not on gross estate value. A will may fix different rates for a corporate executor (subd. f).

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

Real property is not covered. The summary voluntary-administration procedure has no waiting period after death, and the clerk charges $1 to file the affidavit.

Threshold evidence and currency

What the reviewed source establishes

Currency: No later session-law supersession is recorded in the reviewed source set for this threshold. The edition/currentness label below is the basis for the published figure.

Controlling citation: N.Y. Surr. Ct. Proc. Act § 1301 — Viewing most recent revision (from 2019-11-29).

Verbatim threshold text from that source:

A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1 (a).

How the New York screen is measured

Procedure	Voluntary administration / small estate (SCPA art. 13)
What counts	Personal property only; real property is outside this route
Value basis	Gross value less exempt property the worksheet cannot classify
Waiting period	None stated in the cited section

The official New York path

No statewide form is published for this route; ask the Surrogate's Court in the county of residence for its packet.

What a small-estate screen can and cannot decide, and which assets never enter it, is explained once in small-estate affidavit or probate and what counts as a probate asset.

Controlling sources

Statute

N.Y. Surr. Ct. Proc. Act § 1301 (SCPA 1301)

Reviewed source note: A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1 (a).

What this means: Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2019-11-29)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

New York State Senate (Open Legislation) · Edition/currentness: Viewing most recent revision (from 2019-11-29) · Verified October 3, 2026

Statute

N.Y. Surr. Ct. Proc. Act § 1304 (SCPA 1304)

Reviewed source note: No waiting period after the death of the decedent is required.

What this means: Primary text is taken from the New York State Senate's official Open Legislation service over HTTPS. The page carries the publisher's own currentness marker ('Viewing most recent revision (from 2014-09-22)'), which is pinned and re-checked each release. Confirm anything decision-critical with the Surrogate's Court.

New York State Senate (Open Legislation) · Edition/currentness: Viewing most recent revision (from 2014-09-22) · Verified October 3, 2026

New York record: 5/5 verified, 16 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction

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