Understand the available procedure

A small estate still deserves careful attention

An estate may have only a bank account or a few other assets, yet a family can still need court documents to collect them. Law Office of Andreina I. Rosa, Esq. helps clients determine whether New York's small estate procedure, called voluntary administration, is appropriate and what information is needed.

Mount Vernon, NY · Westchester, NYC & Nassau

Discuss your situation

What the $50,000 limit means

New York law defines a small estate as one with personal property having a gross value of $50,000 or less, excluding certain property set aside by law for a surviving spouse or children under 21. Gross value is not simply the amount left after subtracting bills. Eligibility needs an asset-by-asset review.

The kind of property matters

Voluntary administration does not authorize a transfer of real estate. Tell the attorney about any house, land, condominium or cooperative apartment, including how it was owned. Do not decide eligibility from an estimated bank balance alone. Possible personal injury or wrongful death claims also require separate attention.

Know what the court documents allow

This procedure may be available with or without a will. The eligible person applies to the Surrogate's Court, and certificates identify assets the voluntary administrator may collect. The administrator must account for the property and follow the applicable rules for expenses, debts and distribution.

Start with the records you have

Bring the death certificate, any original will, family information and available financial records. Law Office of Andreina I. Rosa, Esq.'s Mount Vernon office serves Westchester, all five New York City boroughs and Nassau County. Call 646-899-4969 to discuss the estate.

  • Accounts and their approximate values at death.
  • Ownership and beneficiary information.
  • Bills, funeral expense records and any known claims.

QUESTIONS YOU MAY HAVE

Let’s clear a few things up.

Does a will prevent use of the small estate procedure?

No. A qualifying estate may use voluntary administration even when there is a will. The will and other facts still affect the filing.

Can any family member apply?

Not automatically. New York law sets rules about who may serve. Identify the nominated executor and surviving relatives before preparing the application.

What if another asset is found later?

Tell the attorney before collecting or distributing it. Additional assets can change the total value, required certificates or appropriate court procedure.

COMPLIMENTARY 15-MINUTE CONSULTATION

You don’t need all the answers.
Start with a conversation.

Law Office of Andreina I. Rosa, Esq. offers a complimentary 15-minute consultation to understand your needs and discuss how we can help. Whether you are planning ahead, handling an estate or buying or selling property, let’s talk about your next step.

Schedule a complimentary 15-minute consultation

Call 646-899-4969 to schedule your consultation. The office will confirm availability and your appointment.