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How to Avoid Probate in New Jersey

The legal ways to pass property outside probate in New Jersey: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.

Short answer: Options include: transfer-on-death beneficiary designations for vehicles titled in New Jersey (N.J.S.A. 39:3-30.1b), so no letters of administration are needed to transfer the vehicle; revocable trusts (N.J.S. 3B:31-43); N.J.S.A. 39:3-30.1b; N.J.S. 3B:31-43, 3B:10-3, 3B:10-4

Ways to avoid probateOptions include: transfer-on-death beneficiary designations for vehicles titled in New Jersey (N.J.S.A. 39:3-30.1b), so no letters of administration are needed to transfer the vehicle; revocable trusts (N.J.S. 3B:31-43); and, when there is no will, small estate affidavits filed with the county Surrogate: up to $50,000 in total assets for a surviving spouse, civil union or domestic partner, or up to $20,000 for an heir when there is no surviving spouse or partner (N.J.S. 3B:10-3, 3B:10-4).
Small estate limits: https://pub.njleg.gov/bills/2014/PL15/232_.PDF
Source: N.J.S.A. 39:3-30.1b; N.J.S. 3B:31-43, 3B:10-3, 3B:10-4
Small estate affidavitOnly when there is no will. If the total real and personal assets do not exceed $50,000, the surviving spouse, civil union partner or domestic partner may sign an affidavit before the county Surrogate (or the Superior Court) and take all the assets without administration; assets up to $10,000 are free of the deceased person's debts. If there is no surviving spouse or partner and the total assets do not exceed $20,000, one heir who has written consent from the other heirs may sign an affidavit before the Surrogate and collect the assets for the benefit of all heirs and creditors, without a bond. Both affidavits list the nature, location and value of the real and personal assets, so real estate counts toward the limit. The person signing gets the powers and duties of an administrator.
These limits apply to deaths on or after January 19, 2016.
Source: N.J.S. 3B:10-3, 3B:10-4 (as amended by P.L.2015, c.232)

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FAQ

How can you avoid probate in New Jersey?
Options include: transfer-on-death beneficiary designations for vehicles titled in New Jersey (N.J.S.A. 39:3-30.1b), so no letters of administration are needed to transfer the vehicle; revocable trusts (N.J.S. 3B:31-43); and, when there is no will, small estate affidavits filed with the county Surrogate: up to $50,000 in total assets for a surviving spouse, civil union or domestic partner, or up to $20,000 for an heir when there is no surviving spouse or partner (N.J.S. 3B:10-3, 3B:10-4).
What is the small estate limit in New Jersey?
Only when there is no will. If the total real and personal assets do not exceed $50,000, the surviving spouse, civil union partner or domestic partner may sign an affidavit before the county Surrogate (or the Superior Court) and take all the assets without administration; assets up to $10,000 are free of the deceased person's debts. If there is no surviving spouse or partner and the total assets do not exceed $20,000, one heir who has written consent from the other heirs may sign an affidavit before the Surrogate and collect the assets for the benefit of all heirs and creditors, without a bond. Both affidavits list the nature, location and value of the real and personal assets, so real estate counts toward the limit. The person signing gets the powers and duties of an administrator.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.