When a loved one passes away in Long Island, the size and makeup of their estate usually decide whether you can use a streamlined small estate affidavit under SCPA Article 13 or whether you must open a full probate proceeding in the County Surrogate’s Court. In short: if the decedent left $50,000 or less in personal property (with real property generally excluded), the voluntary administration affidavit process is typically faster, cheaper, and simpler. If the estate exceeds that threshold, owns real estate that must pass through the estate, or the will needs to be formally validated and an executor empowered, full probate under SCPA and EPTL is the correct route. This guide explains both paths so Nassau County and broader Long Island families can choose with confidence.
The Two Paths at a Glance
Both procedures run through the County Surrogate’s Court — for residents of Nassau County, that means the Nassau County Surrogate’s Court. (Suffolk County residents file in the Suffolk County Surrogate’s Court.) The court that handles your matter is determined by where the decedent was domiciled at death.
| Feature | Small Estate Affidavit (SCPA Article 13) | Full Probate |
|---|---|---|
| Governing law | SCPA Article 13 (voluntary administration) | SCPA + EPTL |
| Typical use | Personal property of $50,000 or less | Larger estates; will validation required |
| Real property | Generally excluded | Can be administered |
| Court appointment | Voluntary Administrator | Executor via Letters Testamentary (SCPA §1414) |
| Proof of authority | Certificate of Voluntary Administration | Letters Testamentary |
| Typical timeline | Often weeks | ~3–6 months uncontested |
| Relative complexity | Lower | Higher |
For a deeper orientation to the entire process, see our Probate Overview and our Surrogate’s Court Guide.
What Is a Small Estate Affidavit?
A “small estate affidavit” in New York is the common name for voluntary administration under SCPA Article 13. It is designed for estates where the decedent’s personal property does not exceed $50,000. Importantly, real property is generally excluded from this calculation — so a Long Island home titled in the decedent’s name alone usually pushes the estate out of Article 13 and into full administration or probate.
How It Works
- A qualified petitioner (often the surviving spouse or a child) files an affidavit with the Surrogate’s Court describing the assets, debts, and distributees.
- The petitioner submits a certified copy of the death certificate and, if the decedent left a will, the original will.
- The court appoints a Voluntary Administrator and issues a Certificate of Voluntary Administration.
- The Voluntary Administrator collects the listed assets, pays valid debts, and distributes the remainder to the beneficiaries or heirs.
Because the threshold inquiry centers only on personal property below $50,000, many bank-account-only estates qualify. Learn more on our Small Estate Affidavit service page.
When the Affidavit Is Not Enough
- The decedent owned real property (a Long Island house, condo, or co-op) that must pass through the estate.
- Personal property exceeds $50,000.
- A financial institution or title company demands Letters Testamentary before releasing assets.
- There is a dispute among heirs or a challenge to the will.
In these situations, you will need full probate.
What Is Full Probate?
Full probate is the court proceeding that validates the will and formally appoints the executor. Under SCPA §1414, the court issues Letters Testamentary, which are the executor’s official proof of authority to act on behalf of the estate.
The Core Steps
- File the Petition for Probate, along with the original will and a certified death certificate, in the County Surrogate’s Court.
- Obtain jurisdiction over the distributees (the people who would inherit if there were no will) either through waivers and consents or by issuing a citation directing them to appear.
- On the return date, if no objections are filed, the court issues a decree admitting the will to probate.
- Letters Testamentary issue to the named executor.
- The executor then collects assets, pays debts and taxes, and distributes the estate to the beneficiaries.
If the executor needs authority before the proceeding concludes — for example, to secure property or pay urgent bills — the court can grant Preliminary Letters Testamentary under SCPA §1412, giving interim authority while the probate is pending.
To understand the executor’s role and obligations in full, review our Executor Duties page. If a will challenge arises, see Contested Probate.
Timeline and Cost
- Timeline: An uncontested probate in Long Island commonly takes about 3 to 6 months. Contested matters take longer.
- Attorney fees: Typically in the range of $3,000 to $10,000, depending on complexity.
- Court filing fee: The Surrogate’s Court filing fee is graduated by the value of the estate under SCPA §2402. We do not quote a flat figure here — confirm the exact amount with the court or your counsel.
A Word on New York Estate Tax
Most Long Island families will not owe New York estate tax. For 2026, the New York estate tax exclusion amount is $7,350,000. New York also applies a “cliff” — if the taxable estate exceeds 105% of the exclusion ($7,717,500), the exclusion phases out and the entire estate may become taxable. This is one reason larger estates benefit from experienced counsel, regardless of which administration path applies.
How to Decide
Ask these questions in order:
- Is there real property to administer? If yes, plan for full probate (or administration if there is no will).
- Is the personal property $50,000 or less? If yes, and there is no real property, the Article 13 affidavit likely fits.
- Will banks or title companies require Letters Testamentary? If yes, full probate is the safer choice.
- Is anyone likely to contest the will? If yes, full probate with experienced counsel is essential.
When the answer is uncertain, a brief consultation can save months of delay and avoid filing the wrong type of petition.
Frequently Asked Questions
Does the small estate affidavit cover my parent’s Long Island house?
Generally no. Real property is typically excluded from SCPA Article 13 voluntary administration. If the home must pass through the estate, you will usually need full probate or administration.
How long does uncontested probate take in Nassau County?
For an uncontested matter, plan on roughly 3 to 6 months from filing to the issuance of Letters Testamentary, though timing varies with the court’s calendar and the completeness of your petition.
What are Letters Testamentary?
They are the court’s official document — issued under SCPA §1414 — confirming that the executor named in the will has authority to act for the estate. Banks and other institutions routinely require them before releasing assets.
Can the executor act before probate is finished?
Sometimes. The Surrogate’s Court can grant Preliminary Letters Testamentary under SCPA §1412, providing interim authority while the full probate proceeding is pending.
Talk to a Long Island Probate Attorney
Choosing between a small estate affidavit and full probate is not just a paperwork decision — it determines how quickly your family can access assets and whether you avoid costly missteps in the Nassau County Surrogate’s Court. Russel Morgan, Esq. and the team at Morgan Legal Group guide Long Island families through both paths every day.
Schedule a 30-minute consultation with Russel Morgan, Esq. to determine the right approach for your estate.
Further reading from Morgan Legal Group: ways to keep an estate out of probate.