Updated September 4, 2026. Quick answer: in New York, an estate can use small estate / voluntary administration when the qualifying value is $50,000 or less. Real property does NOT pass that way: a house in New York in sole name forces a probate whatever the estate is worth.
What this guide covers
Whether probate is required in New York turns on two questions: does the estate qualify for a small-estate shortcut, and does that shortcut reach whatever real property is involved. This page answers both for New York, with the statute cited, and then covers what full probate costs if the shortcut does not apply.
The affidavit route, and its limit
New York’s route: small estate / voluntary administration, under SCPA § 1301(1).
$50,000 gross value of personal property, exclusive of property set off under EPTL 5-3.1(a).
A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1 (a).
Source: SCPA § 1301(1)
The real-estate problem
What the text says: the route does NOT reach real property.
dies leaving personal property having a gross value of $50,000 or less
Source: SCPA § 1301(1)
What probate costs in New York if it is required
New York’s probate fees and attorney-compensation rules are their own topic, worked through in full on New York probate cost.
If a trust fits your situation in New York
In New York a house in sole name does not pass by the small-estate route, so an estate that includes one is heading for probate whatever the number is; a funded revocable living trust is the instrument that avoids it, and LawDepot builds a state-specific one.
Build a living trust at LawDepot
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The order to work through it
List what New York residents typically own and how each item is titled. Remove everything with a living named beneficiary, a surviving joint owner, or a trust already holding it. If what remains is $50,000 or less, small estate / voluntary administration is the route to look at. If real property remains in sole name, plan on an administration for the real property regardless.
The general rule: when probate is required. Thresholds elsewhere: small estate limits by state. New York’s own small-estate mechanics: New York small estate affidavit.
Statutory text read at New York’s own legislature or official code publisher. General information, not legal advice; fee statutes and thresholds change and a court retains the final say on what qualifies.
General information drawn from state statutes and official court materials, not legal advice. Whether probate is required is STATE law and differs in every state; thresholds, what the small-estate route reaches, and probate costs all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.