Sec. 130.2. Acceptance of affidavits under SCPA section 1310

(a) A spouse, child, unreimbursed payor of funeral expenses, and the Department of Social Services or a social services district may submit claims through an affidavit pursuant to section 1310 of the Surrogate’s Court Procedure Act up to the maximum amounts allowed by that section. A spouse or child must also submit a Table of Heirs on a form provided by the Office of Unclaimed Funds.

(b) Heirs or creditors, other than those set forth in subdivision (a) of this Part, may only submit an affidavit pursuant to section 1310 of the Surrogate’s Court Procedure Act when the total amount being claimed does not exceed $1,000 in value. In the case of an heir, the claimant must also submit a Table of Heirs on a form provided by the Office of Unclaimed Funds.

(c) Heirs or creditors as set forth in subdivision (b) of this Part, in order to claim to funds in excess of $1,000 in value, must be appointed as an estate representative (including a voluntary administrator) of the decedent’s estate by the appropriate Surrogate’s Court, or in the case of a non-New York decedent, by the appropriate court of the state of domicile of the decedent. After having been appointed, the estate representative must provide to the Office of Unclaimed Funds a currently dated certificate of letters from the appropriate Surrogate’s Court, or similar documents with respect to an estate representative appointed for a non-New York domiciliary.