A small estate is worth less than $50,000 in personal property and no real property (house, condo, plot of land etc.). This is eligible for voluntary administration when someone (called a decedent) passes away.
Q: How can I make sure my property and assets are taken care of after my passing?
A: A process called voluntary administration can be done by the courts in which a voluntary administrator can be tasked with settling property after the decedent has passed away.
Q: What is voluntary administration?
A: Voluntary administration is the court proceeding used to obtain access to and distribute the property. The person seeking such access, if granted it, will be called the voluntary administrator.
Q: What does a voluntary administrator do?
A: The voluntary administrator will complete tasks involving the decedent’s property, such as collecting an asset or identifying the decedent’s property (for example, collecting money from a bank account or obtaining information on a pension plan). It is the voluntary administrator’s job to obtain the decedent’s property, pay any debts or expenses, and distribute what is left to the beneficiaries of the Last Will and Testament or the decedent’s heirs.
NOTE: Voluntary administration can be done regardless of whether the decedent left a Last Will and Testament. In calculating the value of a decedent’s estate, assets with living beneficiaries (e.g., retirement accounts with living beneficiaries) and assets which are jointly owned (e.g., joint bank accounts or property with more than one person on the deed) are disregarded.
Q: Who can apply to be a voluntary administrator?
A: Options listed below:
- If the decedent left a Last Will and Testament, then the executor (the person named, whose job is to distribute the estate) can apply to be the voluntary administrator.
- If the executor is unable to do so and an alternate executor is named, the alternate executor can apply.
- If there is no executor or alternate executor who can apply, the next person who can apply is the sole beneficiary named in the Last Will and Testament, followed by any beneficiary, then the closest distributee (heir) to the decedent (spouse, followed by adult children, then adult grandchildren of predeceased children, parents, adult siblings, nieces/nephews, aunts/uncles).
- If the decedent did not leave a Last Will and Testament, then the court can appoint someone from the appointees previously mentioned.
Q: What do I need to file for voluntary administration?
A: You need the following:
- Affidavit in Relation to Settlement of Small Estate
- Original death certificate
- $1 filing fee (payable by cash or money order)
- Copy of the funeral bill (if there is one)
- The original and one copy of the Last Will and Testament (if there is one).
NOTE: A Family Tree Affidavit (filled out by a party with no financial interest in the proceeding) will need to be submitted along with the other paperwork if the person filing is the sole distributee, the aunt/uncle of the decedent, or the child of a deceased man who was never married.
Q: Where should I file the paperwork?
A: The paperwork is filed in the Surrogate’s Court of the county in which the decedent was domiciled. Open the PDF to see a list of locations to file your paperwork.
If you need assistance: The Surrogate’s Court has a Small Estate DIY (Do-It-Yourself) Form program located on their website (nycourts.gov/courthelp/DIY/smallEstate.shtml). This program walks you step-by-step to complete the paperwork. When you complete the program, you receive a PDF of the court forms as well as instructions of what to do next.
Additionally, VOLS can also help qualifying clients complete the paperwork. You can contact us at 347-521-5704.
Q: What happens after I file my paperwork with the Supreme Court?
A: The Judge will decide whether you qualify to be the voluntary administrator. IF qualified: You will be issued Certificates of Voluntary Administration (either by mail or by pick-up at the court), and become the voluntary administrator of the decedent’s estate. The voluntary administrator receives one Certificate of Voluntary Administration for each item listed in the submitted paperwork, which they then present to the proper entity to complete a task that needs to be completed.
Q: How do you close out the estate?
A: Once all tasks are completed, a voluntary administrator needs to file a Report and Account in Settlement of Estate with the Surrogate’s Court, including receipts or canceled checks showing the payment of expenses of administration, disbursements, or distributions.
This guide is for informational purposes only and does not constitute legal advice.