Yes, a notary is required.
The court's small estate affidavit forms are sworn before a notary.
In the official wording
"Sworn to before me on"
From the official pages listed below, checked November 2026.
What else the signing needs
- Value limit
- Less than $50,000 of personal property. Real property in the person's name alone means it isn't a small estate; jointly held real property doesn't.
"less than $50,000 of personal property"
- Where it goes
- Filed with the Surrogate's Court in the county of primary residence; the fee is $1.
"the Surrogate's Court in the county where the Decedent had their primary residence"
- Official form
- Small estate affidavit (Small Estate DIY Form program). The courts' do-it-yourself program builds the papers. Open the official form
- Other simplified route
- Voluntary administration (small estate). The closest distributee (no will) or the executor named in the will becomes voluntary administrator through the Surrogate's Court.
Not confirmed on the pages we read: the waiting period. Check with the probate court or court clerk (NY Courts CourtHelp: Small estate).
Next step
Sign by video with our New Jersey notary while you're in New York, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How New York treats it: The state amended Real Property Law §299-a in 2024 so that a certificate of conformity is no longer required when a notary in another state takes an acknowledgment. More on New York signers.
Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.
Book an online notarization Request a mobile notary in New York
In person, we look for a notary commissioned in New York near you; you approve the price first.
If a local notary in New York does it: Administering an oath or affirmation, and certifying it when required (unless another statute sets a fee), $2; Acknowledgment or proof of execution of a written instrument, first person, $2, under the state's fee rules (New York notary fees).
Official sources
- NY Courts CourtHelp: Small estate (checked November 2026)
- NY Courts form SE-3B, Amended affidavit in relation to settlement of estate under Article 13, SCPA (PDF) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is a notary required for a New York small estate affidavit?
Yes, a notary is required. The court's small estate affidavit forms are sworn before a notary.
What is the small estate limit in New York?
Less than $50,000 of personal property. Real property in the person's name alone means it isn't a small estate; jointly held real property doesn't.
Is the New York affidavit filed with a court?
Filed with the Surrogate's Court in the county of primary residence; the fee is $1.
Can I sign the New York affidavit with an online notary?
Our New Jersey notary can notarize it by video while you're in New York. The state amended Real Property Law §299-a in 2024 so that a certificate of conformity is no longer required when a notary in another state takes an acknowledgment. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.
What does a notary charge in New York?
$2 for an oath or an acknowledgment, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
- Eligibility checker
- Small estate rules in every state
- A power of attorney in New York
- A will in New York
A small estate affidavit in another state: New Mexico · North Carolina · every state