Small estate affidavit in New Jersey (2026)

In New Jersey, heirs can collect up to $20,000 ($50,000 if the spouse claims) without probate with a sworn affidavit (Affidavit of Surviving Spouse/Partner (N.J.S. 3B:10-3) or Affidavit of Next of Kin (N.J.S. 3B:10-4)). There is no waiting period. Real estate: can be included (see the rule). Last checked October 23, 2026.

New Jersey at a glance

Affidavit cap: $20,000 ($50,000 if the spouse claims)
Applies to: deaths on or after 2016-01-19 (P.L. 2015, c. 232 took effect on approval and applies to decedents dying on or after that date)
Value counted: Gross value (debts not subtracted)
Waiting period: None
If there is a will: Can't be used (only when there is no will)
File with a court: Yes
Real estate: Can be included (see the rule)
Court shortcut: Administration (letters of administration) or probate before the county Surrogate

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Date of deathValue of what they owned in their own name ($)Leave out accounts with a beneficiary (POD/TOD), joint property and trust assets.

Includes a house or land in their name only I am the surviving spouse There is a will

Enter the date of death and the value

In New Jersey the affidavit (or a related form) must be filed with the court in some or all cases — see the rules.

New Jersey cap for this date of death

$20,000

A worked example for New Jersey

Say a parent who lived in New Jersey died on March 1, 2026, leaving $16,000 in a bank account in their name only and no house. $16,000 is within the $20,000 cap for that date of death, so the family can use the affidavit right away.

The rules in New Jersey

The affidavit. For intestate estates only. The spouse/partner, or one heir with the written consent of the other heirs, signs an affidavit before the county Surrogate, where it is filed and recorded; the affiant then has an administrator's powers to collect real and personal assets.
Cap. $50,000 when the claimant is the surviving spouse, civil union or domestic partner; $20,000 for other heirs when there is no surviving spouse/partner. Spouse's affidavit: the first $10,000 is free from the decedent's debts.
What counts. Total value of all real and personal assets of the intestate estate.
What doesn't count. The statute lists no exclusions; non-probate assets (joint, POD/TOD, beneficiary designations) are not estate assets.
Waiting period. The statute sets no waiting period after death.
Conditions. Only when the decedent left no will. Next-of-kin affidavit requires written consent of all other heirs and no surviving spouse/partner. The affidavit lists the decedent's residence and the nature, location and value of all assets; the affiant can be sued and made to account like an administrator.
Who can sign. Surviving spouse, civil union partner or domestic partner ($50,000); if none, one heir with written consent of the remaining heirs ($20,000).
Court filing. Executed before the Surrogate of the county where the decedent lived (or Superior Court) and filed and recorded there; holders who pay on a copy marked a true copy by the Surrogate are discharged.
Fee. Surrogate fee under N.J.S. 22A:2-30: $5 for each $100 of estate value or part of it, total not over $50; waived when estate assets are $200 or less (the fee text still names the older $20,000/$10,000 caps). Counties may list other charges (Essex shows a 'starting rate' of $65).

Houses, land and vehicles

Real estate. The same affidavit covers real and personal assets; real property counts toward the $50,000/$20,000 cap.
Vehicles. With no will and no co-owner, MVC accepts the Surrogate-sealed Affidavit of Surviving Spouse ($50,000) or Next of Kin ($20,000) with the signed title at a Vehicle Center; $60 title fee.

When the affidavit isn't enough

New Jersey has no separate summary court procedure for small estates; estates over the affidavit caps, or with a will, go through the Surrogate (administration or probate).

Good to know in New Jersey

The official consolidated statute site (lis.njleg.state.nj.us) returned errors; amounts are from the enacted session law P.L. 2015, c. 232 and county Surrogate pages (Essex, Morris, Monmouth 2022).
S4911 (introduced 2025-11-24) proposed new Surrogate fees ($7 per $100, capped at $100, for these affidavits); no enactment was found.
Older county guides still show $20,000/$10,000 limits; those predate the 2016 change.

Official help and forms

Sources

P.L. 2015, c. 232 (amending 3B:10-3 and 3B:10-4) (read October 23, 2026)
S4911 (2025) surrogate fees bill (shows current 22A:2-30 text) (read October 23, 2026)
Essex County Surrogate - Wills & Estates (read October 23, 2026)
Morris County Surrogate - Citizen's Guide (read October 23, 2026)
NJ MVC - Transfer of ownership (read October 23, 2026)
New Jersey Statutes text (NJ Legislature, N.J.S. 22A:2-30, 3B:10-5) (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

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