Small Estate Affidavit Program

Aviso: Este programa es en inglés, cuando termine este programa podrá imprimir las instrucciones en español.

The small estate administration is a simplified court procedure available if the person who died (the "decedent") did not have many assets. You can ask the Surrogate's Court to let you divide and give away their property to people who have a legal right to inherit. To do this you need to file a form called an "Affidavit of Voluntary Administration," also known as the "small estate affidavit." This free program will help you create the affidavit that you will need to file in Surrogate's Court. [Learn more about Small Estate]

File this form in Surrogate's Court.

You can use this program if:

• If the decedent (the person who died) had $50,000 or less in personal property.
• If the decedent owned real property, he/she owned it jointly with someone else and you don’t plan to sell the real estate.

Information Checklist

You will need the following information with you when you use this program:

• The name and address of the decedent (the person who died)
• A certified copy of the death certificate
• The names and addresses of the decedent’s closest living relatives at the time of their death:
  • The names and addresses of the decedent's husband or wife, children, and grandchildren.
  • If the decedent did not have a husband or wife, children or grandchildren, the names and addresses of the decedent's parents.
  • If the decedent's parents are no longer living, the names and addresses of the decedent's siblings.
  • If the decedent's siblings are no longer living, the names and addresses of the siblings' children (decedent's nieces and nephews).
  • If none of the above family members of the decedent are living, this program is not for you. Contact the Surrogate's Court for more information.

  Download the checklist of information you will need to complete this program.

  Start

  Note: You will be taken to our partner website called LawHelp Interactive.

  You can "Sign Up" for an account or go directly to the program without signing up by clicking on the green "Get Started" button. Then check to agree to the Terms of Use and click on "Continue" to begin the program.

  About DIY Forms

  This program is not e-fileable. Your papers must be printed, then filed at the Court.

  Who Can Use These Programs?
  You can use DIY Forms if:

  • you're a court user and you don't have a lawyer;
  • you're a legal services provider;
  • you're a pro bono lawyer. Pro bono lawyers filing a DIY Form must submit thispro bono affirmation.
  • you're from a low-bono (reduced fee) program. You must submit a low-bono affirmation with the filing.

  Commercial use is prohibited and no one may charge for using these programs. When you begin the program, you will be asked to accept these terms of use.

  Help Using DIY Forms
  See Frequently Asked Questions for help using DIY Form programs.

  Related Information:

  • When Someone Dies
  • Small Estate
  • How to Get a Death Certificate

  Look up case info. by name or index/docket number at eCourts.