New Jersey Small Estate Affidavit: Do You Qualify? Limits by Date of Death, Waiting Periods & Steps

Affidavit of Surviving Spouse, Civil Union Partner or Domestic Partner (in lieu of administration)

Filed with the court clerk for approval

Dollar limit

• $50,000 — for all death dates

What counts toward the limit: Total value of the REAL and PERSONAL assets of the intestate's estate must not exceed $50,000. The first $10,000 of assets passes to the spouse/partner free from all debts of the intestate.

Waiting period

No statutory waiting period.

Will requirement

Available only when the decedent left no will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

Surrogate's Court of the county where the intestate resided at death; if a nonresident, the Surrogate of a county where assets are located or the Superior Court

Statute

N.J.S.A. 3B:10-3

Affidavit of Next of Kin (heir other than spouse/partner, in lieu of administration)

Filed with the court clerk for approval

Dollar limit

• $20,000 — for all death dates

What counts toward the limit: Total value of the REAL and PERSONAL assets of the intestate's estate must not exceed $20,000. Available only when the intestate leaves no surviving spouse, civil union partner, or domestic partner.

Waiting period

No statutory waiting period.

Will requirement

Available only when the decedent left no will.

Notarization & approval

Notarization is required. No court approval is required.

Where the papers go

Surrogate's Court of the county where the intestate resided at death; if a nonresident with New Jersey assets, the Superior Court

Statute

N.J.S.A. 3B:10-4

Who inherits without a will in New Jersey

New Jersey’s intestacy statute (N.J.S.A. 3B:5-3 (spouse/partner share); N.J.S.A. 3B:5-4 (other heirs)) controls when there is no will.

Spouse, no descendants

Spouse/civil-union partner/domestic partner takes the ENTIRE intestate estate if (1) no descendant or parent survives, or (2) all surviving descendants are also descendants of the spouse/partner and the spouse/partner has no other surviving descendants.

Spouse and descendants

If one or more surviving descendants are not descendants of the spouse/partner (or the spouse/partner has other descendants): spouse takes 'the first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate.'

Descendants only

Property not passing to a spouse/partner (or the whole estate if none) passes first 'to the decedent's descendants by representation' (N.J.S.A. 3B:5-4, fetched at https://codes.findlaw.com/nj/title-3b-administration-of-estates-decedents-and-others/nj-st-sect-3b-5-4.html).

If no descendants but a parent survives, the spouse/partner takes the first 25% (not less than $50,000 nor more than $200,000) plus three-fourths of the balance. 3B:5-3 excludes spouses covered by dismissed/filed divorce complaints with equitable-distribution or marital settlement agreements, or who ceased cohabitation with asset division. After descendants, 3B:5-4 order is: parents; descendants of parents; grandparents and their descendants (split paternal/maternal); other descendants of grandparents; step-children or their descendants.