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

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The New Jersey small estate affidavit, other wise known as ‘Affidavit of Assets and Declaration’, is for use in the event a person dies with $50,000 or less in assets. This form can be used in stead of going to the probate court to have the estate administered and it allows the spouse or the next of kin to collect the assets of the decedent provided those assets are $50,000 or less in the case of a surviving spouse and $20,000 or less in the case of other heirs. In addition, this form may NOT be used if the decedent had a will. Once it is filled out, it may be used to obtain the property of the decedent from third parties.

Maximum – $50,000 for a surviving spouse, partner in civil union or domestic partner.

Maximum – $20,000 for all other heirs if no surviving spouse, partner in civil union or domestic partner

Laws – Sections 3B:10-33B:10-4

How to Write

Step 1 – Write in the name of the decedent and any other names by which he or she was known.

Step 2 – Write in your name as the person filling out the document.

Step 3 – In Section 1, write in your address.

Step 4 – Write in your relationship to the person who died, the name of the person who died, the date of death and the decedent’s residence.

Step 5 – Write in the name of any other heirs, their relationship to decedent and address.

Step 6 – Write in a description of the assets and the value of the assets and total them at the bottom.

Step 7 – Sign and date in front of a notary public.

Step 8 – This form, once properly filled out, executed and notarized, may be used to obtain property of decedent from third parties, such as a bank.


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