In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In New York, the law provides for a simplified process to administer small estates through what is known as a 'Small Estate Affidavit' or 'Voluntary Administration.' This process is governed by the Surrogate's Court Procedure Act (SCPA) Section 1301 and following. As of the knowledge cutoff date, an estate may qualify as a small estate if the decedent's personal property does not exceed $50,000 in value. Real property is not included in this threshold. The person who has the right to inherit the property, typically the surviving spouse or children, can file the Small Estate Affidavit with the Surrogate's Court in the county where the decedent lived. This process is designed to be quicker and less costly than formal probate proceedings, allowing for the distribution of the decedent's assets to rightful heirs without the need for a full probate process. It's important to note that if the decedent owned real estate, a different procedure may apply, and it may be necessary to go through formal probate. An attorney can provide guidance on whether an estate qualifies for the small estate process and assist with the necessary filings.