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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. Sources rechecked October 3, 2026. This page last revised .

1. Where and when
2. What they left

Asset 1

Asset 2

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.

Where the limit comes from

Is this the limit that applies?

$50,000 is the limit in N.Y. Surr. Ct. Proc. Act § 1301 as it read on October 3, 2026; confirm it with the probate court before you file.

Controlling citation: N.Y. Surr. Ct. Proc. Act § 1301, N.Y. SCPA § 1301 - Definitions (small estate / voluntary administration) (New York State Senate (Open Legislation); Viewing most recent revision (from 2019-11-29)).

The section’s own words
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

ProcedureVoluntary administration / small estate (SCPA art. 13)
What countsPersonal property only; real property is outside this route
Value basisGross value less exempt property the worksheet cannot classify
Waiting periodNone 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

Sources rechecked October 3, 2026: New York source list · how sources are checked · report a correction

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