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A New Jersey affidavit is a sworn, signed written statement of facts. This page explains the affidavit of consideration, the birth affidavit, and other common New Jersey affidavits. Sellers, heirs, parents and residents use one when an office asks for sworn facts.
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The New Jersey affidavit of consideration is a sworn statement of the price paid for real property, and Form RTF-1 must be filed with any deed in which a full or partial exemption is claimed from the realty transfer fee (N.J. Division of Taxation, Realty Transfer Fee). The consideration is the price or other value given for the property.
The RTF-1 and the RTF-1EE are two different New Jersey affidavits: the RTF-1 is the Affidavit of Consideration for Use by Seller, and it supports a claimed exemption from the realty transfer fee (N.J. Division of Taxation, Realty Transfer Fee). The RTF-1EE is the Affidavit of Consideration for Graduated Percent Fee, and it must be annexed to every deed for consideration over $1,000,000 and with every commercial property transfer (N.J. Division of Taxation, Realty Transfer Fee).
The Graduated Percent Fee applies to the recording of a deed when the consideration paid is more than $1,000,000, and only where the land conveyed is Class 2 residential, Class 3A farm with a building suited for residential use, Class 4A commercial (other than industrial or apartment) or Class 4C cooperative units (N.J. Division of Taxation, Realty Transfer Fee). The RTF-1EE is where the seller finds and claims the exemptions from that fee (N.J. Division of Taxation, Realty Transfer Fee).
The RTF-1 reports the deal behind a deed: the parties, the price paid and any exemption the seller claims. The form requires detailed information about the parties involved in the property transfer, as well as the amount of money paid for the property. The realty transfer fee is calculated based on the amount of consideration recited in the deed, or in certain instances, the assessed valuation of the property divided by the Director's Ratio (N.J. Division of Taxation, Realty Transfer Fee).
The exemption list on the Division of Taxation page decides whether an RTF-1 exemption claim fits a given deed. The table below shows five of the deed types the N.J. Division of Taxation lists as outside the realty transfer fee; its page holds the full list.
| Deed type | Source |
|---|---|
| A deed for a consideration of less than $100 | N.J. Division of Taxation, Realty Transfer Fee |
| A deed between husband and wife, or parent and child | N.J. Division of Taxation, Realty Transfer Fee |
| A deed that confirms or corrects a deed previously recorded | N.J. Division of Taxation, Realty Transfer Fee |
| A deed by an executor or administrator to a devisee or heir to distribute the estate under the will or the intestate laws | N.J. Division of Taxation, Realty Transfer Fee |
| A deed recorded within 90 days following the entry of a divorce decree that dissolves the marriage between grantor and grantee | N.J. Division of Taxation, Realty Transfer Fee |
The seller is statutorily responsible for the realty transfer fee and the Graduated Percent Fee (N.J. Division of Taxation, Realty Transfer Fee).
Two official New Jersey affidavits cover property sales and estate assets: the Affidavit of Consideration (Form RTF-1) and Form L-8. Each one is a fixed form, so the official version is the one to complete.
The New Jersey Affidavit of Consideration (RTF-1) is the Affidavit of Consideration for Use by Seller, and it must be filed with any deed in which a full or partial exemption is claimed from the realty transfer fee (N.J. Division of Taxation, Realty Transfer Fee). The form requires detailed information about the parties involved in the property transfer, as well as the amount of money paid for the property.
New Jersey Form L-8 (Affidavit for Non-Real Estate Investments) is an estate form for a decedent's assets other than real property, such as bank accounts, stocks and bonds. The form helps release those assets to the beneficiaries. The New Jersey Division of Taxation issues it, and its instructions say who may use it.
Under N.J.S.A. 26:8-38, the affidavit is part of the record of the birth.
Under N.J.S.A. 26:8-38, the certificate may be signed by any person who has definite knowledge of the facts concerning the birth or by the person whose birth is being reported.
Several other New Jersey affidavits answer one narrow factual question each, such as who owns a property, who collects a small estate, or where a person lives. The office that asks for the affidavit usually supplies its own wording.
A New Jersey affidavit of title is a seller's sworn statement about ownership of a property at a real estate closing. The title company for the sale usually supplies the form.
An affidavit of residency is a sworn statement that a person lives at a given address and since what date. School districts and other local offices often ask for one to confirm an address.
A New Jersey small estate affidavit lets an heir collect a modest estate without a full probate case, and the affidavit of next of kin is one version of it, beside the version for a surviving spouse or partner. The county surrogate where the person lived handles both versions and explains who may use each one.
A New Jersey affidavit needs exact names, addresses and dates before the first line is written. Having everything in front of you also helps you avoid typing mistakes in names, dates, and addresses. Here is what to have ready.
A New Jersey affidavit is filled out as numbered statements of fact, one fact per paragraph, followed by the signature block. The steps below fit a general affidavit; an official form such as the RTF-1 has its own boxes.
A finished affidavit most often fails on small mismatches in names, dates and blank lines, which one last read before printing catches. Look for the slips below.
An affidavit is a written statement of facts that the person who makes it swears or affirms to be true. The person signs it under oath, before an officer who can give that oath. People often attach one to an application, a request, or a transaction to support what they say.
An affidavit form usually comes from the office that asks for it. The N.J. Division of Taxation issues the RTF-1 and the RTF-1EE (N.J. Division of Taxation, Realty Transfer Fee). For a general statement of facts, a general affidavit with numbered statements fits.
An affidavit can be written online and then printed. It becomes a sworn statement only when the affiant swears or affirms it before an officer who can give oaths and signs it there, so the printed copy signed under oath is the one that counts.
An NJ MVC affidavit is a form of the New Jersey Motor Vehicle Commission for a vehicle or license transaction. A general affidavit does not take its place, so get the form the MVC names for your transaction.
Read every answer one more time. Check that names, dates, and addresses are spelled the way they appear on your ID, then keep a signed copy.
General information, not legal or tax advice.
