Huntington, NY asked in Estate Planning, Banking and Probate for New York

Q: Can a bank refuse to accept a small estate affidavit to close a bank account of $3,000 saying it is their policy?

Pardon me. The form often gets called by different names in different publications and I used the wrong title. The title on the form is anAFFIDAVIT IN SUPPORT OF


Deceased. PURSUANT TO SCPA §1310 (2)

BY A SURVIVING SPOUSE. Can they refuse to accept this form.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: The bank is right and you are confused. The small estate affidavit gets filed with the surrogates court to get what are called voluntary letters. It costs $1. The clerk will help you. You take those letters (which are a court order) to the bank.

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