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New York Affidavit in Relation to Settlement of Estate

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SURROGATE’S COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
AFFIDAVIT IN RELATION TO VOLUNTARY ADMINISTRATION
SETTLEMENT OF ESTATE UNDER ARTICLE 13, SCPA

COUNTY OF

VOLUNTARY ADMINISTRATION, Estate of

, Deceased.

STATE OF NEW YORK )

COUNTY OF ) ss.:

AFFIDAVIT IN RELATION TO
SETTLEMENT OF ESTATE UNDER
ARTICLE 13, SCPA

File No.

(as of 1/2009)*

(INSTRUCTIONS: In completing this form, answer each question. This may be done in some instances by crossing out words in parentheses and in some instances by inserting the required information.)

I, , being duly sworn, depose and say

(1) My permanent address is:

My mailing address is:

(2) My interest is:

Distributee of decedent

Other (Specify)

(3) The name, permanent address, date, place of death, and citizenship of the decedent, to whose estate this proceeding relates, are as follows:

Name of Decedent (a/k/a, if applicable):

Permanent Address:

Date of Death: Place of Death:

Citizenship:

(4) Decedent died:

Intestate (without a will)

Testate (the original will is attached)

(5) A search of the records of the Court shows that no application has been made in the estate of the decedent for voluntary administration, letters of administration or for probate of a will, and your affiant is informed and verily believes that no such application ever has been made to any other Surrogate’s Court in this state.

(6) The names and addresses of the decedent’s distributees under New York law, including non-marital children and descendants of predeceased non-marital children, and their relationships to the decedent, are as follows:

(If more space is needed, add a sheet of paper)

Name

Post Office Address (Including Zip)

Relationship
Indicate if non-marital

(7) (If decedent had a will) The names and addresses of all beneficiaries in the will of the decedent filed herewith are as follows:

(If more space is needed, add a sheet of paper)

Name

Post Office Address (Including Zip)

Bequest

(8) The value of the entire personal property, wherever located, of the decedent, exclusive of joint bank accounts, trust accounts, U.S. savings bonds POD (payable on death), and jointly owned personal property, or property exempt under the EPTL §5-3.1, does not exceed $30,000.00.

(9) The following, exclusive of joint bank accounts, trust accounts, U.S. savings bonds POD (payable on death), and jointly owned personal property, or property exempt under EPTL §5-3.1, is a complete list of all personal property owned by the decedent, either standing in his/her own name or owned by him/her beneficially and including items of value in any safe deposit box.

(If more space is needed, add a sheet of paper)

Items of Personal Property
Separately Listed

Value of Each Item

TOTAL $

(10) All the liabilities of the decedent known to me are as follows:

(If more space is needed, add a sheet of paper)

Name of Creditor

Amount Owed

(11) I undertake to act as voluntary administrator of the decedent’s estate, and to administer it pursuant to Article 13 of the Surrogate’s Court Procedure Act. I agree to reduce all of the decedent’s assets to possession; to liquidate such assets to the extent necessary; to open an estate bank account in a bank of deposit or savings bank in this state, in which I shall deposit all money received; to sign all checks drawn on or withdrawals from such account in the name of the estate by myself, as voluntary administrator; to pay the expenses of administration, the decedent’s reasonable funeral expenses and his/her debts in the order provided by law; and to distribute the balance to the person or persons and in the amount or amounts provided by law. As voluntary administrator, I shall file in this court an account of all receipts and of disbursements made.

(12) I understand that this proceeding will not determine the estate tax liability, if any, in the event that the decedent had any interest in real property or any joint bank accounts, trust accounts, U.S. savings bonds POD (payable on death), or jointly owned or trust property.

(13) If letters testamentary or of administration are later granted, I acknowledge that my powers as voluntary administrator shall cease, and I shall deliver to the court-appointed fiduciary a complete statement of my account and all assets and funds of the estate in my possession.

, 20

Sworn to before me on

My Commission Expires:

(Affix Notary Stamp or Seal)

Signature of Attorney:

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What the New York Affidavit in Relation to Settlement of Estate Is

The New York Affidavit in Relation to Settlement of Estate is a sworn written statement used to summarize distributions, debts, and actions taken to settle a decedent's estate in New York. It typically identifies the decedent, the estate representative or administrator, beneficiaries, and specific property distributions or receipts. The affidavit is executed under oath and commonly accompanies accountings submitted to surrogate courts, banks, or other institutions that require formal proof of settlement activity before releasing assets or closing accounts. Proper execution and accurate details reduce administrative delays and clarify legal obligations.

Why this Affidavit Matters in Estate Settlement

The affidavit creates a concise, sworn record of distributions and indebtedness that third parties accept in lieu of full probate accounting in some contexts. It helps institutions verify authority to transfer assets and protects signers by documenting the estate resolution steps.

Why this Affidavit Matters in Estate Settlement

Who Typically Prepares and Signs This Affidavit

The affidavit is also used by title companies, insurance firms, and custodians when verifying that an estate matter is settled and assets may be released.

  • Executors and Administrators who settle estate assets and certify distributions to beneficiaries.
  • Estate Attorneys preparing sworn statements and supporting accountings for courts or banks.
  • Bank and Brokerage Officers who require a sworn affidavit before releasing funds or securities.

Step-by-Step: Completing the Affidavit Correctly

Follow this ordered checklist to prepare a compliant affidavit and reduce processing delays.

  • 01
    Gather Documents: Collect death certificate, will, letters testamentary, and account statements.
  • 02
    Draft Affidavit: Complete form fields with precise names, dates, and distribution details.
  • 03
    Review with Counsel: Have an attorney or experienced administrator verify legal descriptions and amounts.
  • 04
    Notarize and Distribute: Sign under oath before a notary; send copies to banks and beneficiaries.

How the Affidavit Is Used by Institutions

This sequence explains the typical routing from preparation to asset release by custodians and courts.

  • Preparation: Representative completes affidavit and assembles supporting documents.
  • Notarization: Affidavit is sworn and notarized per New York requirements.
  • Submission: Submit to banks, brokers, insurers, or the surrogate court as required.
  • Asset Release: Institution reviews affidavit, then releases funds or transfers title.

Configuring a Digital Workflow for Online Completion

Set up fields and authentication to match legal and institutional requirements when using an eSignature platform.

Field Configuration
Signature Require signer signature field and date field
Notary Block Add notary name, commission, and signature fields
Attachments Enable upload for death certificate and letters testamentary
Authentication Use email + SMS code or stronger verification if required

Technical Considerations for eSubmission

Ensure authentication, tamper-evident signatures, and exportable audit reports meet institutional requirements for estate disbursement.

  • File Formats: PDF and DOCX accepted
  • Integrations: Works with cloud storage and case management
  • Security: TLS in transit, AES-256 at rest

Key Elements to Include for a Professional Affidavit

A complete affidavit balances clarity, legal formality, and supporting evidence so third parties can act without further inquiry.

Caption

Court caption or header showing county, surrogate court, and estate docket connects the affidavit to the estate file and avoids ambiguity.

Parties

Clear identification of decedent, representative, and beneficiaries with addresses and relationships to the decedent reduces verification steps for banks.

Asset Description

Detailed listing of assets, account numbers, or property descriptions with values and recipient details prevents incorrect disbursements or title transfer errors.

Statement of Authority

Reference to letters testamentary, letters of administration, or statutory authority explains why the signer can distribute assets and binds institutions to follow instructions.

Supporting Documents

Attach certified death certificate, will copy, inventory, and receipts to substantiate distributions and provide the recipient with immediate evidence.

Oath and Notary

A sworn jurat or notarial acknowledgment executed in compliance with New York requirements ensures the affidavit is an admissible sworn statement.

Required Information and Common Data Points

Decedent Name: Full legal name only
Date of Death: MM/DD/YYYY format preferred
Representative Details: Name, title, address
Asset List: Accounts, property, values
Supporting IDs: Death cert., letters
Notary Data: Jurat, commission info

Risks and Consequences of Incorrect Affidavits

Delay in Distribution: Institutions may refuse transfers
Liability Exposure: Representative can face claims
Rejection by Bank: Inaccurate details lead to denial
Probate Complications: May trigger court intervention
Tax Implications: Misstated values affect reporting
Perjury Risk: False sworn statements carry penalties

Common Preparation Pitfalls to Avoid

  • Using informal or abbreviated names for beneficiaries can trigger identity verification delays and cause institutions to request additional documentation.
  • Failing to attach a certified death certificate or letters testamentary often results in immediate rejection by banks and title companies.
  • Omitting account or property identifying numbers makes it difficult for custodians to match assets to the estate, delaying releases.
  • Incorrect or missing notarization details—such as omitted jurat language or wrong notary commission dates—can render the affidavit unusable.

Timing and Filing Considerations to Keep in Mind

Some deadlines and timing rules affect when assets can be distributed and when tax or reporting obligations arise.

Provide on Demand:

Affidavit is produced when institutions request it

Tax Reporting:

Estate tax filings follow IRS deadlines if applicable

Retention Periods:

Keep copies for at least three years for tax records

Notary Timing:

Sign in presence of notary before submission

Court Filings:

Submit to surrogate court per local rules

Key Milestones in the Settlement Process

Use these sequential milestones to track completion from appointment through final distribution.

01

Appointment

Representative is appointed and receives authority letters

02

Inventory

Assets and liabilities are inventoried and valued

03

Affidavit Execution

Affidavit is drafted, sworn, and notarized for distribution

04

Final Distribution

Assets are transferred and records updated

Pricing and Feature Snapshot for eSignature Platforms

Compare baseline pricing and capabilities for common eSignature vendors. signNow appears first per platform comparisons.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently Asked Questions About Using This Affidavit

Answers to common questions about validity, notarization, electronic signing, and distribution for New York estate affidavits.


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