New York small estate
New York small estate limit
New York's small estate limit is $50,000 of personal property, not counting property set aside for the family. Under that amount you can use voluntary administration, the state's small estate process, but it doesn't cover real estate (N.Y. SCPA §§ 1301–1302).
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New York's small estate limit is $50,000 of personal property, not counting property set aside for the family. Under that amount you can use voluntary administration, the state's small estate process, but it doesn't cover real estate (N.Y. SCPA §§ 1301–1302).
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
Voluntary administration (SCPA art. 13)
| Limit | $50,000 |
| What counts | Gross value of the personal property of the person who died, not counting property set off under EPTL 5-3.1(a). Real estate isn't handled under this article (SCPA 1302). |
| Statute | N.Y. SCPA §§ 1301–1302 |
Common questions
What is the small estate limit in New York?
The limit is $50,000 for the voluntary administration (SCPA art. 13).
What counts toward the New York limit?
Gross value of the personal property of the person who died, not counting property set off under EPTL 5-3.1(a). Real estate isn't handled under this article (SCPA 1302).
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Sources
- N.Y. SCPA art. 13 — New York State Legislature
We last checked the statute text against the official publishers in August 2026.