New Jersey Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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FAQ
An Affidavit of Next of Kin is filed setting forth that the affiant is the next of kin of the intestate, and that the aggregate value of the intestate's estate will not exceed $ 20,000.
An affidavit of heir is a written statement that allows an estate to move forward with an uncontested probate. The person who signs the affidavit is agreeing that they are the rightful owner of the assets and that they will transfer them to the appropriate parties as soon as the probate process is complete.
An Affidavit of Next of Kin is filed setting forth that the affiant is the next of kin of the intestate, and that the aggregate value of the intestate's estate will not exceed $ 20,000.
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.
There is a summary probate procedure in New Jersey if there's no Will, the value is less than $20,000 and a surviving spouse will receive everything.
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.
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.
The consent and the affidavit shall be filed and recorded, in the office of the Surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court.