Laws

Days After Death – No statute, although individual counties may have specific time limits.
Maximum Amount ($) – For surviving spouses (or partners in a civil union), the estate’s total value may not exceed $50,000, with up to $10,000 after settling all debts.^[1] For all other heirs, the estate’s total value may not exceed $20,000.^[2]
Signing Requirements – Must be notarized.
Statutes – Chapter 3B:10 – Grant of Letters of Administration

How to File (3 steps)

1. Make an Inventory

Create an inventory of all property. This will verify whether it falls under the statutory limit and will also be required information to include on the affidavit.

2. Notify Other Heirs

If there is no surviving spouse, another heir may serve as affiant, meaning the person who fills out the affidavit. Before doing so, it is necessary to notify and obtain the consent of all other potential heirs.

3. Fill Out and File

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. However, if the affiant is not a New Jersey resident, the document should be submitted to the court first, then may be notarized where the affiant lives. To find the correct court, consult the death certificate of the decedent and use this Court Locator.

New Jersey Small Estate Affidavit Form – Affidavit of Assets and Declaration

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