A New Jersey small estate affidavit is a sworn statement that lets a surviving spouse or an heir claim the estate of a person who died without a will. It skips a full administration. A surviving spouse, civil union partner, or domestic partner can use it for assets up to $50,000.[1.1] An heir can use it for assets up to $20,000 when there is no surviving spouse or partner.[1.3] The form is also called the Affidavit of Assets and Declaration.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current New Jersey law. If you notice an error or outdated information, please contact us.
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A small estate affidavit is the paper a family member signs to collect a small estate directly. The New Jersey form is two pages long and asks for these details:
Personal information about the decedent and the affiant
The next of kin of the decedent
Each property item with its value (cash, bank accounts, stocks, bonds, vehicles, and other property), and the total
The affiant's signature, the date, and the officer's block
The form calls the person who died the decedent and the person who signs it the affiant or claimant. An intestate is a person who dies without a will.
New Jersey Laws and Requirements
New Jersey has two small estate affidavit routes, and the one you use depends on who survives the person who died without a will. A surviving spouse, civil union partner, or domestic partner can claim an estate of up to $50,000.[1.1] When there is no surviving spouse or partner, an heir can claim an estate of up to $20,000.[1.3]
Both limits count the total value of the estate's real and personal assets. The details differ by route:
Spouse or partner route: the surviving spouse, civil union partner, or domestic partner executes the affidavit before the Surrogate of the county where the intestate resided at death, or before the Superior Court. If the intestate was not a New Jersey resident, the affidavit is executed where any of the assets are located. The spouse or partner is then entitled to all the real and personal assets without administration.[1.1]
Heir route: one heir must first obtain the written consent of the remaining heirs, if there are any. That heir then executes the affidavit before the Surrogate of the county or before the Superior Court. The heir receives the assets for the benefit of all the heirs and creditors, without administration or a bond.[1.3]
The affidavit must be filed and recorded in the office of the Surrogate. If the proceeding is before the Superior Court, it is filed in the office of the clerk of that court.[1.1] The consent and the affidavit must be filed and recorded in the same offices when an heir uses the procedure.[1.3]
When the spouse or partner takes the estate by affidavit, up to $10,000 of the estate's assets are free from all debts of the person who died.[1.1] The statute says it this way:
The assets of the estate up to $10,000 shall be free from all debts of the intestate.
If the person signing lives outside New Jersey, the Surrogate may authorize in writing that the affidavit be signed in the affiant's home state. It is then signed before an officer authorized to take acknowledgments or proofs.[1.2] New Jersey has no statute that sets a waiting period after death.
New Jersey Small Estate Affidavit Laws Details
Max. Estate
$50,000 (surviving spouse or partner) and $20,000 (heirs)
Waiting Period After Death
No New Jersey statute sets one
Filing
Filed and recorded with the Surrogate, or the clerk of the Superior Court
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How Do You Fill Out the New Jersey Small Estate Affidavit Form?
The New Jersey small estate affidavit template is a two-page form, and it is easiest to fill out from top to bottom. Gather the decedent's details, a list of their property with its value, and the names and addresses of the next of kin first. Then work through the twelve parts below in order.
The screenshots under each step show the FormsPal New Jersey small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Docket No.: Enter the docket number in the Docket No. box at the top left of page 1, if you have one.Step 1: sample entries, not a real document.
Estate of (Deceased): Type the decedent's full name on the line above "Deceased", under "In the matter of the Estate of".Step 2: sample entries, not a real document.
AKA and your name (affiant): Enter any other name the decedent used after "AKA". Then write your own full name on the line after "I," at the start of the affidavit.Step 3: sample entries, not a real document.
Items 1-3: your address, relationship and the decedent's details: In item 1, write your home address. In item 2, say how you are related to the decedent, then give their residence, the date they died, and the county. In item 3, finish the sentence "The decedent was my" with the relationship.Step 4: sample entries, not a real document.
Item 4: next of kin: List all of the decedent's next of kin in the table, one person per row. Give the name, the relationship (and age if a minor), and the address.Step 5: sample entries, not a real document.
Item 5: cash on hand and bank accounts: On page 2, enter the cash on hand. List each bank account of the decedent with its balance in the amount column.Step 6: sample entries, not a real document.
Corporate stocks, bonds and notes: List any stocks, bonds or notes and their estimated value in the amount column.Step 7: sample entries, not a real document.
Life insurance without a named beneficiary: Enter life insurance that has no named beneficiary or is payable to the Estate, and its value.Step 8: sample entries, not a real document.
Automobiles: For each vehicle, write the year, make, model and VIN, then its estimated value.Step 9: sample entries, not a real document.
Household effects, jewelry and other chattel: Describe household effects, jewelry and similar items, and give their estimated value.Step 10: sample entries, not a real document.
Other personal property, real estate, remarks and total: List other personal property, such as refund checks or security deposits. List each piece of real estate by type and address, using the tax assessed value if the market value is unknown. Add any remarks, then write the total valuation of all property.Step 11: sample entries, not a real document.
Signature, date and notary: Read item 6, then sign on the Signature line under oath, as the words "Subscribed and sworn to before me" show. New Jersey law has you execute the affidavit before the Surrogate of the county where the decedent lived, or before the Superior Court (N.J.S.A. 3B:10-3 and 3B:10-4).[1.2] So take the form to the Surrogate's office before you sign it. Fill in the day, month and year on the "on this ___ day of ___" line. The form prints the officer's line as "Notary Public/Attorney at Law of New Jersey", but the statute has the affidavit executed before the Surrogate or the Superior Court, so ask the Surrogate's office how that line is completed. Only a signer who lives outside New Jersey may, with the Surrogate's written authorization, sign before an officer authorized to take acknowledgments or proofs.[1.2]Step 12: sample entries, not a real document.
Frequently Asked Questions
Does a small estate affidavit need to be filed with the court?
Yes. When a surviving spouse, civil union partner, or domestic partner takes the estate by affidavit, the affidavit must be filed and recorded in the office of the Surrogate. If the proceeding is before the Superior Court, it is filed in the office of the clerk of that court.[1.1]
Do I need probate if the estate is small?
Not when the estate qualifies. If the person died without a will and the total value of the assets will not exceed $50,000, a surviving spouse, civil union partner, or domestic partner is entitled to all the real and personal assets without administration. The affidavit is signed before the Surrogate or the Superior Court.[1.1] The limit is $20,000 when there is no surviving spouse or partner and an heir uses the procedure.[1.3]
What other New Jersey estate documents might I need?
The affidavit only covers a small estate after a death. Families often prepare these documents while the owner is alive:
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
