If your loved one died owning $50,000 or less in personal property in Westchester County, you can likely settle the estate with a small estate affidavit (voluntary administration under SCPA Article 13) instead of filing for full probate. If the personal property exceeds that amount, or if the decedent owned real estate that must pass through the estate, you will generally need full probate in the Westchester County Surrogate’s Court, where the will is validated and an executor is formally appointed by Letters Testamentary (SCPA §1414). Knowing which track applies to your situation is the single most important early decision in administering a New York estate — it determines how long the process takes, how much it costs, and how much court oversight is involved.
This guide explains both procedures as they work in Westchester, who qualifies for each, and how to decide between them.
The Two Tracks at a Glance
| Feature | Small Estate Affidavit (SCPA Article 13) | Full Probate |
|---|---|---|
| Statutory basis | SCPA Article 13 (voluntary administration) | SCPA §1414 (Letters Testamentary), EPTL |
| Personal property limit | $50,000 or less | No limit |
| Real property | Generally excluded — cannot be transferred this way | Handled within the estate |
| Court | Westchester County Surrogate’s Court | Westchester County Surrogate’s Court |
| Appointment document | Affidavit naming a voluntary administrator | Letters Testamentary (or Preliminary Letters, SCPA §1412) |
| Typical timeline | Weeks to a couple of months | ~3–6 months uncontested |
| Court filing fee | Graduated (SCPA §2402) — confirm with court/counsel | Graduated by estate value (SCPA §2402) — confirm with court/counsel |
| Attorney cost | Lower; often a flat or limited fee | Roughly $3,000–$10,000 depending on complexity |
Important: Court filing fees in New York are graduated based on the value of the estate under SCPA §2402. We never quote a fixed number here — always confirm the current fee with the Westchester County Surrogate’s Court or your attorney.
When a Small Estate Affidavit Works in Westchester
New York’s voluntary administration procedure under SCPA Article 13 was designed for modest estates. It allows a designated person to collect and distribute a decedent’s assets without the full machinery of probate. You may qualify when:
- The decedent’s personal property is $50,000 or less. This includes bank accounts, vehicles, brokerage accounts, and personal belongings — but not real estate.
- The decedent owned no real property that must pass through the estate. If there is a house or land titled solely in the decedent’s name, Article 13 generally will not help, and full probate or administration is typically required.
- A qualifying person — usually a named executor, surviving spouse, or close distributee — is available to serve as the voluntary administrator.
The voluntary administrator files an affidavit and supporting documents with the Westchester County Surrogate’s Court, including the original will (if one exists) and a certified death certificate. Once accepted, the court issues a certificate that lets the administrator collect each asset. Because there is no citation process and no formal decree, the small estate route is faster and far less expensive than probate.
If you are unsure whether your situation fits, our small estate affidavit service page walks through the eligibility checklist in more detail.
What the small estate route does not cover
- Real estate. A solely owned home in Westchester almost always pushes the matter into full probate or administration.
- Personal property over $50,000. Even a single large bank account can exceed the cap.
- Disputes. If heirs disagree or someone challenges the will, voluntary administration is not the right vehicle — that belongs in contested probate.
When Full Probate Is Required
Full probate is the formal court process that proves a will is valid and grants the executor legal authority to act. It is required whenever the small estate thresholds are exceeded or real property is involved. Here is how it unfolds in the Westchester County Surrogate’s Court:
- File the Petition for Probate together with the original will and a certified death certificate.
- Establish jurisdiction over the distributees (the people who would inherit if there were no will). This is done either by their signed waivers and consents or, if they will not sign, by serving a citation directing them to appear.
- Return date. If no one files objections, the court issues a decree admitting the will to probate on the return date.
- Letters Testamentary issue to the executor under SCPA §1414, giving them authority to act for the estate.
- Administer the estate: the executor collects assets, pays valid debts and taxes, and distributes what remains to the beneficiaries named in the will.
Where an executor needs authority before the will is fully admitted — for example, to secure property or pay urgent bills — the court can grant Preliminary Letters Testamentary under SCPA §1412, providing interim authority while the petition is pending.
An uncontested probate in Westchester typically takes about three to six months, with attorney fees generally falling in the $3,000 to $10,000 range depending on the size and complexity of the estate. For a fuller walkthrough, see our probate overview and our Surrogate’s Court guide.
How to Decide Between the Two
Ask these questions in order:
- Is there real estate titled solely in the decedent’s name? If yes, plan on full probate (or administration if there is no will).
- Does personal property exceed $50,000? If yes, full probate is generally required.
- Is there a will, and is anyone likely to contest it? Any dispute means the formal probate process, not a small estate affidavit.
- If none of the above apply, the small estate affidavit under SCPA Article 13 is usually the faster, cheaper path.
A quick word on estate tax: for deaths in 2026, the New York estate tax exclusion is $7,350,000. New York applies a “cliff,” so an estate exceeding 105% of the exclusion ($7,717,500) can lose the benefit of the exclusion entirely. Most small estates fall far below these figures, but the thresholds are worth confirming with counsel for larger estates regardless of which procedure you use.
Choosing the wrong track wastes time and money — for example, attempting voluntary administration on an estate that includes a Westchester home only to be turned away and have to refile for probate. Getting it right the first time is exactly where experienced counsel earns its keep.
Frequently Asked Questions
Can I use a small estate affidavit if there is a will?
Yes. SCPA Article 13 voluntary administration can be used whether or not there is a will, as long as the personal property is $50,000 or less and the other requirements are met. If a will exists, it is filed with the affidavit, and assets are distributed according to its terms.
Does the $50,000 limit include the decedent’s house?
No — and that is a common pitfall. Real property is generally excluded from the small estate procedure. If the decedent owned a home or land solely in their name, you will usually need full probate or administration in the Westchester County Surrogate’s Court.
How long does each process take?
A small estate affidavit can often be completed in a few weeks to a couple of months. An uncontested full probate generally takes about three to six months, longer if there are disputes or hard-to-locate heirs.
What are the court filing fees in Westchester?
New York court filing fees are graduated by the value of the estate under SCPA §2402. We do not publish a fixed amount because it changes with estate value — confirm the current fee directly with the Westchester County Surrogate’s Court or your attorney.
Talk to a Westchester Probate Attorney
Whether your situation calls for a streamlined small estate affidavit or full probate in the Westchester County Surrogate’s Court, the right strategy protects your time, your money, and the wishes of your loved one. Russel Morgan, Esq. and the team at Morgan Legal Group guide Westchester families through both processes every day.
Schedule a 30-minute consultation with Russel Morgan, Esq. →
Further reading from Morgan Legal Group: ways to keep an estate out of probate.