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There are two types of Small Estate Affidavits: Affidavit of Surviving Spouse. This affidavit can be issued to a spouse, civil union partner, or domestic partner (with proof) if the total assets are less than $50,000 and are solely in the decedent's name.

Typically, if an individual passes away leaving assets worth more than $20,000 with no named beneficiary or joint owner, their estate will need to go through probate. This includes bank accounts, real property, and other tangible assets.

Class “C” – were granted a $25,000 exemption on estates of decedents. After the initial $25,000 exemption, the rates range from 11% on the next $1,075,000 to 16% for any transfer over $1 ,700.000. Class “D” – the law imposes a tax on the transfer of property with a value of $500.00 or more.

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.

Typically, there are limitations on the total value of the estate, and the deceased person's assets must meet certain criteria. Obtain the Form: Contact the probate court in the county where the deceased person lived. Many courts provide Small Estate Affidavit forms online or at the courthouse.

A Small Estate Affidavit in lieu of administration may be an option when there is no will and the value of the estate does not reach a certain threshold. In New Jersey, the term “small estate” refers to estates that are valued at less than $50,000 for a surviving spouse or less than $20,000 for next of kin.

Small Estates, Intestate (Without a Will) An Affidavit of Surviving Spouse can be issued to the surviving spouse if the decedent did not have a Will and the real and personal assets of the decedent do not exceed $50,000.00. If there is a will, the will must be probated.

The affidavit can only be used if the decedent died without a will, their estate is not valued over $50,000, and the heir is the decedent's spouse/partner. Completing the affidavit will also entitle the spouse and partner to up to $10,000 of the estate before payments are made to creditors with a claim to the estate.

Non-probate assets are designed to skip the probate process. They allow for a more direct and often faster transfer to beneficiaries. These assets are either jointly owned or have a designated beneficiary.