New York Small Estate Affidavit
Introduction
I, [YOUR NAME], residing at [YOUR ADDRESS], hereby swear or affirm under penalty of perjury that the following statements are true and correct to the best of my knowledge and belief:
Statement of Facts
The Decedent, [DECEDENT'S NAME], passed away on [DECEDENT'S DEATH DATE], at [DECEDENT'S DEATH PLACE], and was a resident of [COUNTY NAME], New York, at the time of their death.
To the best of my knowledge, the Decedent did not leave a Last Will and Testament, and no petition for the probate of a will has been filed with the Surrogate's Court in [COUNTY NAME].
The total value of the Decedent's personal property, excluding real estate and exempt property, does not exceed the statutory limit for a small estate in New York, which is currently $[AMOUNT] (as of [DATE]).
I am the surviving spouse of the Decedent, and I am entitled to inherit the assets of the Decedent under New York law.
I hereby request that the Surrogate's Court issue an Order directing the transfer of the Decedent's assets to me, as the surviving spouse, without the need for formal probate proceedings.
I understand that by signing this affidavit, I am declaring that the information provided herein is true and accurate to the best of my knowledge, and I am legally responsible for the administration of the Decedent's estate in accordance with New York law.
Signature
[YOUR NAME]
Date: [DATE]
Sworn to (or affirmed) before me this [DATE].
[NOTARY PUBLIC'S NAME]
Notary Public, State of New York
Commission Expires: [NOTARY PUBLIC'S EXPIRY DATE]
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