Quick answer: no solely owned real property, personal property at or under $50,000 — Voluntary Administration. Any solely owned house or condo — full probate for that asset, regardless of value. A co-op is treated differently. Check your own numbers with the New York small estate checker.
Real property is entirely outside Article 13's scope
A co-op is the one exception that isn't really an exception
Because a co-op is legally personal property — shares in a corporation, not real estate — a solely owned co-op can potentially go through Voluntary Administration if its value fits within the $50,000 cap, something a house or condo can never do no matter how modest its value.
Joint ownership changes the calculation entirely
Jointly owned real property with survivorship rights typically passes outside probate on its own, so it was never part of the estate calculation to begin with — the personal property can still qualify for Voluntary Administration separately, as long as it stays within $50,000 on its own.
What skips probate before any threshold matters
Property held in joint tenancy with right of survivorship, assets in a properly funded trust, and accounts or policies with a named beneficiary all pass outside probate entirely — the same categories that skip probate in most other states.
The decision, in order
- Is the asset in joint tenancy, a funded trust, or has a named beneficiary? → Skips probate entirely.
- Is there solely owned real property (house, condo, land)? → Full probate or administration required for that asset.
- Personal property (including a solely owned co-op) at or under $50,000? → Voluntary Administration.
- None of the above fits → Full probate or administration.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens in the Surrogate's Court of the county where the decedent resided — Manhattan, Brooklyn, and Queens among the busiest.