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The original of this affidavit must be filed by the releasing institution within five business days of execution with the Division of Taxation, Transfer Inheritance and Estate Tax Branch, 3 John Fitch Way, PO Box 249, Trenton, NJ 08695-0249.

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.

If you die with no surviving spouse, your children will inherit everything. If you have a surviving spouse, but no children or parents, your spouse inherits everything. If there is a surviving spouse and children from that spouse, the spouse inherits everything.

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 you die without a will in New Jersey, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, whether your spouse is also their parent, and whether your spouse has children from another relationship.

Affidavit of Next of Kin A document issued by the Surrogate which allows the next of kin to dispose of the decedent's property. This affidavit is issued in cases where there is no will, no spouse, and the total value of the property does not exceed $20,000.