Small Estate Affidavit 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.

For estates with no will, the Surrogate affidavit procedures above replace full administration: up to $50,000 for a surviving spouse or partner, and up to $20,000 for an heir (with the other heirs' written consent) when there is no surviving spouse or partner.

Creditors must present claims to the personal representative in writing and under oath within 9 months after the date of death, stating the amount and details. A personal representative who distributes or pays out assets before a late claim is presented is not liable to that creditor for those assets.