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8 This form is a selfexecuting waiver affidavit for resident decedents. Page 1. Form 8 Affidavit for NonReal Estate Investments: Resident Decedents.

The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.

An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person and their respective interests in the deceased person's estate when the deceased person dies without a will (intestate) or when there are uncertainties about the heirs and their inheritance rights.

In New Jersey, if a husband dies without a will, the wife is entitled to inherit the first 25% of his intestate property, with a minimum amount of $50,000 and a maximum of $200,000. Additionally, she receives half of the remaining balance of the estate. This is outlined in N.J. Stat. § 3B:5-3 (2024).

In New Jersey and New York, like in most states, a spouse cannot be disinherited unless there is an express waiver through a prenuptial agreement or postnuptial agreement. Absent an express waiver, the surviving spouse may have the right to claim a portion of the decedent's estate known as the elective share.

If you pass away without a will in New Jersey, and you're married, what your spouse inherits hinges on whether you have living parents or descendants—like children, grandchildren, or great-grandchildren. However, if you do not, your spouse receives all your intestate property.

Non-Probate Assets: Streamlining the Transfer to Heirs These assets are either jointly owned or have a designated beneficiary. Examples include: Jointly Owned Property: Real estate is held in joint tenancy or tenancy by the entirety. It automatically passes to the surviving co-owner.

An executor can sell real estate property without all beneficiaries' approval as long as they follow the instructions in the will. An administrator can sell real estate without the beneficiaries' consent, as long as there is no compelling reason they cannot.

First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.