Must all estates under $50,000 be filed in Surrogate's Court when there is no will?
There is nothing of value. There may be debts.
Answer
Not all estates have to be filed in Surrogate’s Court. SCPA 1309(1) states: “The use of this article in the settlement of a small estate without the formality of court administration is permissive and not mandatory.”
The Small Estate DIY (Do-It-Yourself) Form program can guide you through the legal issues that apply, such as what property is exempted for the benefit of the family and who needs to be notified of the proceeding.
In addition to the DIY Form program, public access law libraries have books that explain what assets are to be collected in useful checklists. Some of these books are:
- 1 New York Practice Guide: Probate & Estate Administration, ch. 1 ("Preliminary Steps to Probate and Estate Administration")
- 1 New York Practice Guide: Probate & Estate Administration, ch. 25 ("Marshalling Estate Assets")