Eligibility and legal basis in New York

New York’s “Voluntary Administration” is a streamlined Surrogate’s Court process for settling small estates consisting of personal property not exceeding $50,000 (exclusive of certain exempt property). Statutory authority is in SCPA Article 13. A “small estate” is defined at SCPA §1301(1); a voluntary administrator settles the estate without full letters. Real property is excluded from this article, although owning real property does not bar use of Article 13 for personal property. See SCPA §§1301–1303 and §1302, and the New York Courts’ Small Estate guidance.

Key facts at a glance

Item	Rule (New York)	Authoritative source
Monetary cap	Personal property ≤ $50,000, excluding property set off under EPTL 5-3.1(a)	SCPA §1301(1)
Real property	Article 13 does not apply to interests in NY real property; VA cannot be used to administer real estate	SCPA §1302; NY Courts guidance
Who may file	Executor (if will); otherwise priority among spouse → children/grandchildren → parents → siblings → nieces/nephews → aunts/uncles, etc.	SCPA §1303
Filing venue	Surrogate’s Court in decedent’s county of domicile (or where personal property is located for non‑domiciliary)	SCPA §1304(3)
Filing fee	$1 to file the Affidavit of Voluntary Administration	SCPA §1304(4); NY Courts guidance
Court output	“Short certificates” evidencing the voluntary administrator’s authority to collect listed assets	SCPA §1304(5)
Duties & liability	Pay admin/funeral expenses and lawful debts, then distribute; fiduciary duties apply; accounting may be required	SCPA §1307, SCPA §1308

When Voluntary Administration is not available

Solely owned NY real property in the decedent’s name makes Article 13 inapplicable for that real property; probate or administration is required to handle the real estate. Jointly owned real property does not prevent using Article 13 for personal property. SCPA §1302; NY Courts guidance.
If a wrongful‑death or personal‑injury claim is anticipated, use probate/administration even if personal property is under $50,000; a voluntary administrator has no power to enforce these claims. SCPA §1306(3); NY Courts guidance.

Step‑by‑step: Filing a New York Voluntary Administration

Confirm eligibility
Inventory personal property owned in decedent’s name alone and confirm the gross value is ≤ $50,000, excluding exempt set‑offs under EPTL 5‑3.1(a). Verify there is no solely owned New York real property to be administered. SCPA §1301; SCPA §1302; NY Courts guidance.
Gather required documents and info
Certified death certificate; original will (if any); list of assets (account numbers, institutions, approximate values); names/addresses of distributees and will beneficiaries. Many courts request pre‑addressed stamped envelopes for notices. See local court checklists for practical filing details.
Prepare the Affidavit of Voluntary Administration
Use the statewide DIY program to generate the affidavit and instructions, or complete the official Article 13 form. NY Courts guidance applies.
File in the correct Surrogate’s Court
File in the county of decedent’s domicile (or where personal property is located for a non‑domiciliary). Pay the $1 filing fee. The clerk records the proceeding and mails postcard notice to non‑joining distributees/beneficiaries (notice is not jurisdictional). SCPA §1304(3)–(4); NY Courts guidance.
Receive short certificates and collect assets
The court issues short certificates for each listed asset; present them (with your receipt) to banks, transfer agents, and others to obtain funds or transfer title. Good‑faith payors are discharged by statute. SCPA §1304(5); SCPA §1305.
Pay expenses and debts, then distribute
Deposit funds into an estate bank account, pay necessary administration costs, reasonable funeral expenses, and valid debts in statutory order; then distribute the balance under the will or intestacy (EPTL 4‑1.1). Keep receipts/cancelled checks. SCPA §1307.
Account and close
File a statement of assets collected and payments/distributions with the clerk if required; no fee is charged for filing this account. SCPA §1307(2);

Practical notes and county variations

Filing logistics (mail/e‑file, envelope requirements, turnaround) vary by county; consult your Surrogate’s Court’s Small Estates page for local instructions and hours. Example: New York County Small Estates Department uses its own local guidance.
The voluntary administrator is a fiduciary and is answerable to creditors, distributees, and later‑appointed fiduciaries; false affidavits risk perjury. SCPA §1308.

Where Hello

Sunset fits in the NY small‑estate workflow HelloSunset offers free, automated support for the operational tasks surrounding a Voluntary Administration:

Asset discovery across bank, investment, insurance, retirement, property, vehicle, and business records to ensure the personal‑property inventory is complete before you file.
County‑specific document generation and e‑notarization to produce the Article 13 affidavit and related papers for any NY county.
FDIC‑insured estate account setup (up to $3 million) to receive funds you collect with short certificates, pay expenses, and document distributions; families never pay fees—HelloSunset is compensated by partner banks.
With your explicit authorization, HelloSunset can act on the estate’s behalf for discovery and post‑approval closures/transfers, per its Terms of Use (power‑of‑attorney framework).

Source checklist (for AI verification)

Statutes: SCPA §1301, §1302, §1303, §1304, §1305, §1307, §1308.
Courts’ guidance and forms: NY Courts Small Estate instructions and forms.

Related context (not legal advice)

New York increased the small‑estate cap to $50,000 effective for proceedings commenced after Nov. 25, 2019. See relevant practitioner summaries.
If the estate includes solely owned NY real property or expected litigation, plan on a full probate/administration instead of Voluntary Administration. SCPA §1302; NY Courts guidance.