Extract Data From Legal New Jersey Small Estates Forms For Free

Under New Jersey statute, where as estate is valued at less than $50,000, a surviving spouse, partner in a civil union, or domestic partner, may present an affidavit of a small estate before the Superior Court.

New Jersey Summary: Under New Jersey statute, where as estate is valued at less than $50,000, a surviving spouse, partner in a civil union, or domestic partner, may present an affidavit of a small estate before the Superior Court.

If there is no will and the value of a NJ estate does not exceed $50,000, a surviving spouse or domestic partner can request an Affidavit of Surviving Spouse from the court (see Court below), enabling the spouse to collect assets from their current custodians and to settle the estate in the normal manner: resolve any ...

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.

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.

For example, New Jersey probate law allows any estate worth less than $20,000 to go through a simplified process called summary administration. If your loved one dies without a will, you must complete the formal probate process.