New Jersey Small Estate Affidavit Form

• Maximum Amount: $50,000 in real and personal assets for a surviving spouse, civil union partner, or domestic partner, or $20,000 for another heir when there is no surviving spouse, civil union partner, or domestic partner.^[1][2]
• Signing Requirements: A sworn affidavit executed before the Surrogate (the heirs’ affidavit also requires the written consent of all remaining heirs).^[3][4]
• Where to File: With the Surrogate’s Court of the county where the decedent was domiciled at death.^[5][6]
• When to File: No waiting period.^[7]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[8]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse (or civil union or domestic partner) receives the entire estate. In every case, New Jersey guarantees the spouse a first share of at least $50,000, which equals the $50,000 small estate limit for a surviving spouse.^[9]
• No Spouse, Children: If there is no surviving spouse, civil union partner, or domestic partner, the decedent’s descendants inherit the estate by representation.^[10]

Step 1 – Confirm the Estate Qualifies

The decedent must have died without a will, and the total real and personal assets must be $50,000 or less (surviving spouse or partner) or $20,000 or less (other heir).^[11][12]

Step 2 – Identify the Applicant

The applicant is the surviving spouse, civil union partner, or domestic partner; if none, one heir acting with the written consent of all remaining heirs.^[13][14]

Step 3 – Prepare the Affidavit

Prepare the affidavit stating the applicant’s relationship, the decedent’s residence, that the assets are within the limit, and the nature, location, and value of the assets; attach the death certificate (and, for the heirs’ affidavit, the consents of all remaining heirs).^[15][16]

Step 4 – Execute Before the Surrogate

Execute the affidavit before the Surrogate of the county where the decedent was domiciled.^[17]

Step 5 – Collect and Distribute the Assets

Use the recorded affidavit to collect and transfer the decedent’s assets for the benefit of the heirs and creditors, without administration or bond.^[18]