New York § 1304 Summary procedure 1

New York Statutes

§ 1304 — Summary procedure 1

New York § 1304

Law SCPSurrogate's Court Procedure

Art. 13Settlement of Small Estates Without Court Administration

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Bluebook

N.Y. Surrogate's Court Procedure § 1304 (2026).

Text

§ 1304.  Summary procedure\n  1.  When available.  No waiting period after the death of the decedent\nis required.\n  The procedure prescribed in this article may be used after the\ndecedent's death.\n  2.  Bond.  The voluntary administrator need not give a bond.\n  3.  Affidavit.  A person may qualify as a voluntary administrator by\nmaking and filing with the clerk of the court of the decedent's\ndomicile, or in the case of a non-domiciliary, of the county in which\nhis personal property is located, an affidavit in the form provided by\nthe Official Forms appended to this act, and also a certified copy of\nthe death certificate of the decedent.\n  4. Record. The clerk shall file the affidavit and assign it a number.\nThe clerk shall enter each such proceeding in the records and indexes o

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§ 1304. Summary procedure\n 1. When available. No waiting period after the death of the decedent\nis required.\n The procedure prescribed in this article may be used after the\ndecedent's death.\n 2. Bond. The voluntary administrator need not give a bond.\n 3. Affidavit. A person may qualify as a voluntary administrator by\nmaking and filing with the clerk of the court of the decedent's\ndomicile, or in the case of a non-domiciliary, of the county in which\nhis personal property is located, an affidavit in the form provided by\nthe Official Forms appended to this act, and also a certified copy of\nthe death certificate of the decedent.\n 4. Record. The clerk shall file the affidavit and assign it a number.\nThe clerk shall enter each such proceeding in the records and indexes of\nthe court. The clerk shall charge a fee of $1 for filing the affidavit.\nNo order of the court or other proceeding shall be necessary. The clerk\nshall mail to each distributee who has not renounced his or her right to\nact and to each beneficiary mentioned in the affidavit other than the\naffiant, a letter or postcard notice of the proceeding under this\narticle. The giving of such notice is not jurisdictional.\n 5. Furnishing evidence of qualification and authority. A short\ncertificate of the court showing the filing by the voluntary\nadministrator of the required affidavit, shall evidence his, her or its\nqualification and authority to act. The clerk may indicate on the\ncertificate that it is valid only for a transfer or transaction as\nspecified thereon. The voluntary administrator shall deliver a\ncertificate to each debtor, transfer agent, safe deposit company, bank,\ntrust company or other person holding or having custody, possession or\ncontrol of any personal property of the decedent which the voluntary\nadministrator seeks to reduce to possession or otherwise affect the\ntitle thereof.\n