New Jersey Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that lets a decedent's heir take the estate without a full grant of administration; New Jersey uses an affidavit executed before the county Surrogate rather than one handed to a bank.

2. 2

   Under N.J.S.A. 3B:10-3, a surviving spouse, civil union partner, or domestic partner may take an intestate estate whose real and personal assets do not exceed $50,000, without administration.

3. 3

   Under N.J.S.A. 3B:10-4, where there is no surviving spouse or partner, one heir may take an intestate estate not exceeding $20,000 after obtaining the written consent of the remaining heirs.

4. 4

   New Jersey sets no fixed number of days to wait after death; the affidavit is executed before the Surrogate of the county where the decedent resided.

5. 5

   Both procedures apply only when the decedent died without a will (intestate); a decedent who left a will uses probate instead.

6. 6

   Because the estate passes by Surrogate action, these New Jersey procedures reach both real and personal assets within the threshold, not personal property alone.

7. 7

   These New Jersey figures come from a codified republication and should be re-confirmed against the primary N.J.S.A. 3B:10-3 and 3B:10-4 during review.

New Jersey Requirements for Small Estate Affidavit

• Affidavit Before the County Surrogate

  New Jersey has no bank-facing small estate affidavit. For an intestate estate, the spouse or an heir takes the estate by an affidavit executed before the county Surrogate under N.J.S.A. 3B:10-3 and 3B:10-4, not by an affidavit handed straight to a bank.

• $50,000 Limit for a Surviving Spouse or Partner

  Under N.J.S.A. 3B:10-3 a surviving spouse, civil union partner, or domestic partner may take an intestate estate whose real and personal assets do not exceed $50,000, without administration. Re-confirm this figure against the primary statute during review.

• $20,000 Limit for Other Heirs

  Under N.J.S.A. 3B:10-4, where there is no surviving spouse or partner, one heir may take an intestate estate not exceeding $20,000 after obtaining the written consent of the remaining heirs. Re-confirm this figure against the primary statute during review.

• Written Consent of Remaining Heirs

  When an heir proceeds under N.J.S.A. 3B:10-4, the written consent of the remaining heirs, if any, must be obtained and is filed and recorded with the affidavit at the Surrogate's office. Without that consent the heir cannot take the estate under this section.

• Intestate Estates Only

  Both N.J.S.A. 3B:10-3 and 3B:10-4 apply only to the estate of an intestate, a person who died without a will. If the New Jersey decedent left a valid will, the will is offered for probate before the Surrogate instead and these affidavit procedures do not apply.

• Reaches Real and Personal Assets

  Because the estate passes by action of the Surrogate, N.J.S.A. 3B:10-3 and 3B:10-4 refer to the total value of the real and personal assets of the intestate estate, so these New Jersey procedures can reach real property within the threshold, unlike many states that cover personal property only.

• No Fixed Waiting Period

  N.J.S.A. 3B:10-3 and 3B:10-4 do not set a fixed number of days to wait after death before the affidavit may be executed; the trigger is executing the affidavit before the Surrogate. This should be re-confirmed against the primary New Jersey statutes during review.

• Filed and Recorded With the Surrogate

  The affidavit, and any consent, is filed and recorded in the office of the Surrogate of the county where the decedent resided at death, or with the clerk of the Superior Court if the matter is before that court (N.J.S.A. 3B:10-3, 3B:10-4). Do not sign if the facts are uncertain.