Insert Pages To Legal New Jersey Heirship Affidavits Forms For Free

In New Jersey, you can file probate no sooner than 10 days after the person's death. There is no official deadline for how long after their death you can file, but many families try to start the process as soon as possible. When filing probate in New Jersey, consider the state's inheritance and estate tax laws.

An Affidavit of Next of Kin is filed setting forth that the affiant is the next of kin of the intestate, and that the aggregate value of the intestate's estate will not exceed $ 20,000.

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.

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 ...

Leaving behind a spouse and parents: When no children are involved, the spouse will be entitled to the first 25% percent of the intestate property, but not less than $50,000 or more than $200,000. The surviving spouse will also inherit 75% of the balance of the estate. The remaining estate will be given to the parents.

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.