On or Before January 11, 2006

If the aggregate of all real and personal property of an intestate estate do not exceed $ 20,000 
the surviving spouse of the intestate (no will) makes application for an Affidavit of Surviving Spouse, in lieu of an administration, and the assets of the estate up to $ 5,000 will be free from all debts of the interstate.  The affiant presents a death certificate and list of assets to the Surrogate.  An affidavit is filed setting forth that the affiant is the surviving spouse of the interstate, and that the aggregate value of the intestate’s estate will not exceed $ 20,000.  The affidavit must also specifically list the individual’s assets, their nature, location, value and set forth the residence of the intestate at the time of his/her death.  The affiant also will sign an Authorization To Accept Service of Process (Power of Attorney).  The spouse is entitled to take and deal with only those assets listed.  If additional assets are discovered later, and if the aggregate of the assets exceeds $ 20,000, an application for general administration must be made.  If the surviving spouse renounces or is unable to act pursuant to the procedure, a general administrator must be appointed.

Affidavit of Surviving Spouse or Domestic Partner

On or After January 12, 2006

If the aggregate of all real and personal property of an intestate estate do not exceed $ 20,000 the surviving spouse or domestic partner of the intestate (no will) makes application for an Affidavit of Surviving Spouse or Domestic Partner, in lieu of an administration, and the assets of the estate up to $ 5,000 will be free from all debts of the intestate.  The affiant presents a death certificate and list of assets to the Surrogate.  An affidavit is filed setting forth that the affiant is the surviving spouse or domestic partner of the intestate, and that the aggregate value of the intestate’s estate will not exceed $ 20,000.  The affidavit must also specifically list the individual’s assets, their nature, the location, the value and set forth the residence of the intestate at the time of his/her death.  The affiant also will sign an Authorization To Accept Service of Process (Power of Attorney).  The spouse or domestic partner is entitled to take and deal with only those assets listed.  If additional assets are discovered later, and if the aggregate of the assets exceeds $ 20,000, an application for general administration must be made.  If the surviving spouse or domestic partner renounces or is unable to act pursuant to the procedure, a general administrator must be appointed.

Affidavit of Next-of-Kin

If the intestate leaves no spouse and the aggregate value of the estate does not exceed $ 10,000 one of the next-of-kin, with Consents from other next-of-kin of equal degree may file an affidavit in lieu of administration. 

The affiant must bring to the Surrogate a death certificate of the decedent, a death certificate of the spouse if predeceased the decedent and a list of assets which specifically gives the nature, location and value, and the names, addresses and ages, if minors, of the nearest next-of-kin.  The affiant will sign an Authorization To Accept Service of Process (Power of Attorney). 

        The Surrogate will issue an Affidavit of Next-of-Kin which will enable the affiant to receive the personal assets of the decedent for the benefit of all next-of-kin and creditors.  Only the assets listed on the Affidavit may be transferred.  If additional assets are discovered later, the affiant must come to the Surrogate for an additional Affidavit of Next-of-Kin.  If the aggregate of the assets exceed $ 10,000, an application for general administration must be made.