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In New Jersey, if the total value of a deceased person's estate (excluding real estate and assets that pass outside of probate) is $50,000 or less, the estate can be settled without going through the formal probate process.
The affiant should fill out the form in the presence of a notary public, and file it with the surrogate court in the county where the decedent resided at the time of death.
New Jersey Summary: Under New Jersey statute, where as estate is valued at less than $50,000, a surviving spouse, partner in a civil union, or domestic partner, may present an affidavit of a small estate before the Superior Court.
Assets can include bank accounts, stocks, vehicles, real estate, etc. The form should be filed in the office of the Surrogate Court of the county where the decedent resided at the time of death.
Laws. Maximum estate value (§ 3B:10-3 & § 3B:10-4): $50,000 for surviving spouses or domestic partners; $20,000 for all other heirs. Mandatory waiting period: Not mentioned in state statutes.
Updated September 13, 2023. A New Jersey small estate affidavit is a form that can help heirs of a person who has died (a decedent) avoid a more lengthy process of settling the estate.
New Jersey Summary: Under New Jersey statute, where as estate is valued at less than $50,000, a surviving spouse, partner in a civil union, or domestic partner, may present an affidavit of a small estate before the Superior Court.