Affidavit Of Voluntary Administration (Se-3a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit Of Voluntary Administration (Se-3a) is a commonly used form within New York. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit Of Voluntary Administration (Se-3a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit Of Voluntary Administration (Se-3a):

• This form pertains to the State of New York

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about New York’s Form SE-3A - Affidavit Of Voluntary Administration (Se-3a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct New York form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some New York probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form SE-3A, take a break, and then review. Probate and estate settlement processes in NY are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form SE-3A online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form SE-3A witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit Of Voluntary Administration (Se-3a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in New York.

5 reasons you should submit SE-3A as quickly as possible:

1. The sooner you begin, the faster New York can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in New York. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of New York is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for New York probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local New York probate clerk or court for exact answers regarding Form SE-3A, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit Of Voluntary Administration (Se-3a) is one of the many probate court forms available for download through Atticus.

It may also be available through some New York probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within New York.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form SE-3A - Affidavit Of Voluntary Administration (Se-3a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the New York probate court office.

Affidavit Of Voluntary Administration (Se-3a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any New York-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on New York Form SE-3A - Affidavit Of Voluntary Administration (Se-3a). You can use this to get an idea of the context of the form and what type of information is needed.

SURROGATE’S COURT OF THE STATE OF NEW YORK COUNTY OF __________________________ ----------------------------------------------------------------------------X AFFIDAVIT IN RELATION TO VOLUNTARY ADMINISTRATION, Estate of SETTLEMENT OF ESTATE UNDER ARTICLE 13, SCPA _______________________________________, File No. ________________________________ (as of 1/2009)* Deceased. ---------------------------------------------------------------------------X (INSTRUCTIONS: In completing this form, STATE OF NEW YORK ) answer each question. This may be done in some instances by crossing out words COUNTY OF ____________________________) ss.: in parentheses and in some instances by inserting the required information.) I, ___________________________________________________________________, being duly sworn, depose and say (1)My permanent address is: __________________________________________________________________________ (Street Address) (City/Town/Village) (County (State) (Zip) (Telephone Number) My mailing address is: ______________________________________________________________________________ (If different from permanent address) (2) My interest is:[ ] Distributee of decedent _______________________________________________________ (Relationship) [ ] Other (Specify) _____________________________________________________________ (3) The name, permanent address, date, place of death, and citizenship of the decedent, to whose estate this proceeding relates, are as follows: Name of Decedent (a/k/a, if applicable): __________________________________________________________________ Permanent Address: _______________________________________________________________________________________________ (Street Address) (City/Town/Village) (County) (State) Date of Death: ___________________________Place of Death: _____________________________________________ (City/Town/Village) (State) Citizenship: _________________________________ (4) Decedent died:[ ] Intestate (without a will) [ ] Testate (the original will is attached) (5) A search of the records of the Court shows that no application has been made in the estate of the decedent for voluntary administration, letters of administration or for probate of a will, and your affiant is informed and verily believes that no such application ever has been made to any other Surrogate’s Court in this state. SE-3A *For use only where decedent died on or after January 1, 2009 SE-3A -1- (6) The names and addresses of the decedent’s distributees under New York law, including non-marital children and descendants of predeceased non-marital children, and their relationships to the decedent, are as follows: (If more space is needed, add a sheet of paper) Post Office Relationship Name Address (Including Zip) Indicate if non-marital) _____________________ ____________________________ _________________________ _____________________ ____________________________ _________________________ _____________________ ____________________________ _________________________ (7) (If decedent had a will) The names and addresses of all beneficiaries in the will of the decedent filed herewith are as follows: (If more space is needed, add a sheet of paper) Post Office Name Address (Including Zip) Bequest _____________________ ____________________________ __________________________ _____________________ ____________________________ ___________________________ _____________________ _____________________________ ___________________________ 8) The value of the entire personal property, wherever located, of the decedent, exclusive of joint bank accounts, trust accounts, U.S. savings bonds POD (payable on death), and jointly owned personal property, or property exempt under the EPTL §5-3.1, does not exceed $30,000.00. 9) The following, exclusive of joint bank accounts, trust accounts, U.S. savings bonds POD (payable on death), and jointly owned personal property, or property exempt under EPTL §5-3.1, is a complete list of all personal property owned by the decedent, either standing in his/her own name or owned by him/her beneficially and including items of value in any safe deposit box. (If more space is needed, add a sheet of paper) Items of Personal Property Separately Listed Value of Each Item ___________________________________________ _____________________________ ___________________________________________ _____________________________ ___________________________________________ _____________________________ TOTAL $ -2- (10) All the liabilities of the decedent known to me are as follows: (If more space is needed, add a sheet of paper) Name of Creditor Amount Owed __________________________________ ____________________________ __________________________________ _____________________________ __________________________________ _____________________________ (11) I undertake to act as voluntary administrator of the decedent’s estate, and to administer it pursuant to Article 13 of the Surrogate’s Court Procedure Act. I agree to reduce all of the decedent’s assets to possession; to liquidate such assets to the extent necessary; to open an estate bank account in a bank of deposit or savings bank in this state, in which I shall deposit all money received; to sign all checks drawn on or withdrawals from such account in the name of the estate by myself, as voluntary administrator; to pay the expenses of administration, the decedent’s reasonable funeral expenses and his/her debts in the order provided by law; and to distribute the balance to the person or persons and in the amount or amounts provided by law. As voluntary administrator, I shall file in this court an account of all receipts and of disbursements made. (12) I understand that this proceeding will not determine the estate tax liability, if any, in the event that the decedent had any interest in real property or any joint bank accounts, trust accounts, U.S. savings bonds POD (payable on death), or jointly owned or trust property. (13) If letters testamentary or of administration are later granted, I acknowledge that my powers as voluntary administrator shall cease, and I shall deliver to the court-appointed fiduciary a complete statement of my account and all assets and funds of the estate in my possession. ________________________________ Signature of Affiant _________________________________ Print Name Sworn to before me on _________________________, 20 _____ _________________________________ Notary Public My Commission Expires: (Affix Notary Stamp or Seal) Signature of Attorney: ________________________________________________________________________________ Print Name: _______________________________________________________________________________________ Firm Name: _________________________________________________Tel. No.: ______________________________ Address of Attorney: ________________________________________________________________________________ -3- ___________________________