Most often, a Small Estate Affidavit under SCPA 1310 is used to access a decedent's bank or
securities account. The practical (as opposed to legal) problem is that banks, brokerages,
transfer agents, and institutions in general are accustomed to releasing decedent’s accounts
pursuant to a probate or administration proceeding, in which the fiduciary presents his or her
Letters (a document issued by the Surrogate’s Court granting authority to a fiduciary) to the
institution and requests that the funds be released.
That is the procedure that institutions are familiar with, and their personnel may think of it as
the only procedure that is permitted. As a result, when an individual presents a New York
Small Estate Affidavit to an institution, the response may be "You can’t get the money without
Letters from the Court.”
What should you do? Give up and go to Court? No. Try this first:
1. Be persistent and insistent and unrelenting.
2. Make sure that you have attached a copy of the relevant statute (NY SCPA §1310) to your
affidavit or hand a copy to the agent and respectfully ask him or her to read it.
3. Politely tell the agent that your Small Estate Affidavit complies with the law, and that New
York law does not require a Court proceeding or that Letters be produced for the funds to be
released.
4. If the answer is still no, ask to speak to a manager or supervisor.
5. If they still refuse to comply, ask to speak to their legal department.
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WHAT TO DO WHEN THE BANK INSISTS ON LETTERS FROM THE
SURROGATE’S COURT - Bank Refusing to comply with your SCPA 1310
Affidavit
Most often, a Small Estate Affidavit under SCPA 1310 is
used to access a decedent's bank or securities account.
The practical (as opposed to legal) problem is that
banks, brokerages, transfer agents, and institutions in
general are accustomed to releasing decedent’s
accounts pursuant to a probate or administration
proceeding, in which the fiduciary presents his or her
Letters (a document issued by the Surrogate’s Court
granting authority to a fiduciary) to the institution and
requests that the funds be released.
That is the procedure that institutions are familiar with,
and their personnel may think of it as the only
procedure that is permitted. As a result, when an
individual presents a New York Small Estate Affidavit to
an institution, the response may be "You can’t get the
money without Letters from the Court.”
What should you do? Give up and go to Court? No. Try
this first:
1. Be persistent and insistent and unrelenting.
2. Make sure that you have attached a copy of the
relevant statute (NY SCPA §1310) to your affidavit or
hand a copy to the agent and respectfully ask him or
her to read it.
3. Politely tell the agent that your Small Estate Affidavit
complies with the law, and that New York law does not
require a Court proceeding or that Letters be
produced for the funds to be released.
4. If the answer is still no, ask to speak to a manager
or supervisor.
5. If they still refuse to comply, ask to speak to their
legal department.
WHAT TO DO WHEN THE BANK INSISTS ON
LETTERS FROM THE SURROGATE’S COURT -
Bank Refusing to comply with your SCPA
1310 Affidavit
2023 Attorney Advertising. Privacy Policy
