New Jersey small estate affidavit: $50,000 for a spouse or partner, $20,000 for other heirs, no will, since January 19, 2016
New Jersey has two small estate affidavits, and both work only when the person who died left no will. A surviving spouse, civil union partner or domestic partner can use one when the real and personal assets will not exceed $50,000 (N.J.S.A. 3B:10-3). When there is no surviving spouse or partner, one heir, with the written consent of the other heirs, can use one when the assets will not exceed $20,000 (N.J.S.A. 3B:10-4). Both figures come from P.L.2015, chapter 232, approved January 19, 2016, and apply to deaths on or after that date. The affidavit is signed before the county Surrogate, and the Surrogate's fee is $5 for each $100 of assets, capped at $50.
- Spouse or partner limit
- $50,000 of real and personal assets (3B:10-3)
- Other heirs limit
- $20,000 of real and personal assets (3B:10-4)
- Will
- Only for an intestate estate (no will); with a will, the will is probated
- Heirs need
- Written consent of the remaining heirs, filed with the affidavit
- Debt-free amount
- Assets up to $10,000 under the spouse or partner affidavit
- Signed before
- The Surrogate of the county where the decedent lived, or the Superior Court
- Surrogate fee
- $5 per $100 or part, total not over $50; waived up to $200
- Waiting period
- None in 3B:10-3 or 3B:10-4; county Surrogates say the sixth day after death
- Limits last changed
- January 19, 2016 (P.L.2015, c.232; before: $20,000 and $10,000)
Figures above were read on 2026-10-13 from N.J.S.A. 3B:10-3, 3B:10-4, 3B:10-5 and 22A:2-30 in the New Jersey Legislature's statutes database, from P.L.2015, c.232 and its committee statement, and from county Surrogate pages. See sources.
This page is general information, not legal or tax advice. Whether an affidavit fits depends on the facts of the estate, and county Surrogates apply the statute in their own ways, as shown below.
The two affidavits side by side
| Point | Spouse, civil union or domestic partner (3B:10-3) | Heir when no spouse or partner survives (3B:10-4) |
|---|---|---|
| Dollar limit | Real and personal assets will not exceed $50,000 | Real and personal assets will not exceed $20,000 |
| Who signs | The surviving spouse, partner in a civil union or domestic partner | One of the heirs |
| Consents | Not required by the statute | Written consent of the remaining heirs, if any, filed with the affidavit |
| What the affiant receives | Entitled absolutely to all the real and personal assets | Receives the assets for the benefit of all the heirs and creditors |
| Protection from debts | Assets up to $10,000 are free from all debts of the intestate | No debt-free amount in the section |
| Bond | Not mentioned in the section | No bond ("without administration or entering into a bond") |
| Affidavit must state | Relationship, that assets will not exceed $50,000, the decedent's residence, and the nature, location and value of each asset | The decedent's residence, names, residences and relationships of all heirs, the nature, location and value of the assets, and that they will not exceed $20,000 |
| Legal effect | The affiant has the rights, powers and duties of an appointed administrator and may be sued and required to account as if appointed | |
Section 3B:10-3 says the spouse or partner "shall be entitled absolutely to all the real and personal assets without administration, and the assets of the estate up to $10,000 shall be free from all debts of the intestate." Section 3B:10-4 says the heir is entitled to receive the assets "of the benefit of all the heirs and creditors without administration or entering into a bond."
When the limits changed
The current figures took effect with P.L.2015, chapter 232 (Senate Committee Substitute for S2251). Section 3 says: "This act shall take effect immediately and shall apply to the estate of any decedent dying on or after the effective date of this act." It was approved on January 19, 2016.
| Law | Spouse limit | Heir limit | Debt-free amount |
|---|---|---|---|
| Before P.L.2004, c.132 | $10,000 | $5,000 | $5,000 |
| P.L.2004, c.132 (approved August 31, 2004; effective on the 180th day after enactment) | $20,000 | $10,000 | $5,000 |
| P.L.2005, c.331 (approved January 12, 2006; added domestic partners) | $20,000 | $10,000 | $5,000 |
| P.L.2015, c.232 (approved January 19, 2016; deaths on or after that date; added civil union partners) | $50,000 | $20,000 | $10,000 |
The 2015 committee statement describes the change: the substitute "increases the monetary amount from $20,000 to $50,000" for spouses, raises the heir amount "from $10,000 to $20,000", and raises the debt-free amount "from $5,000 to $10,000." The statute database lists P.L.2015, c.232 as the last amendment to both sections. Neither figure is indexed to inflation in the text of either section.
Only when there is no will
Both sections apply to "the estate of an intestate", a person who died without a will. The Bergen County Surrogate's FAQ says the will "takes precedence over all other documents" and that a small estate affidavit is only for an estate when someone dies without a will. The Cumberland County Surrogate's page says: "if there is a will, the will must be probated."
New Jersey's statute has no separate affidavit procedure for an estate with a will. For how other states handle small estates with and without a will, see our table of small estate limits by state.
Where it is signed and filed
- County. The affidavit is executed before the Surrogate of the county where the decedent lived at death. If the decedent was not a New Jersey resident, it is the county where any of the assets are located. The Superior Court is the other option in the statute.
- Filing. The affidavit (and, for heirs, the consent) is "filed and recorded" in the Surrogate's office, or with the clerk of the Superior Court if the proceeding is there.
- Affiant outside New Jersey. The Surrogate may authorize in writing that the affidavit be executed in the affiant's home state before an officer authorized by R.S.46:14-6.1 to take acknowledgments.
- The Surrogate issues it. County pages describe the affidavit as a document the Surrogate's office issues. Monmouth County says an Affidavit of Surviving Spouse "may be issued" when the assets do not exceed $50,000. Ocean County's probate guide says the Surrogate will issue an Affidavit of Surviving Spouse, Affidavit of Domestic Partner or Affidavit of Heir.
- Sixth day after death. Sections 3B:10-3 and 3B:10-4 do not state a waiting period. Three county Surrogates state one: Ocean County says "The documents cannot be issued until the sixth day after death." Gloucester County says affidavits "will not be issued until the sixth day after death", and Cumberland County says "the Surrogate cannot issue anything until the sixth day after death."
Surrogate fee: $5 per $100, capped at $50
Surrogate fees are set by N.J.S.A. 22A:2-30. For these affidavits the statute says "$5.00 for each $100.00 or part thereof. Total cost shall not exceed $50.00. This fee is waived where the value of the assets of the estate does not exceed $200.00." That fee line still names affidavits where the assets do not exceed "$20,000.00 or $10,000.00, respectively", the limits before 2016 (see the table below). Monmouth County's fee schedule applies the same $50 cap to affidavits where the assets do not exceed "$50,000.00 or $20,000.00, respectively". At $5 per $100, the $50 cap is reached once the assets pass $900; Salem County's fee table shows $50.00 for $901 to $1,000.
For comparison, the same statute sets the fee for general administration (the route when an estate is over the limit or there is no affidavit) at $125.00, plus $5.00 per page for other documents. Salem County's fact sheets add that "Supplemental Affidavits are invoiced @ $5.00 per $100.00" when more assets are found later.
Real estate: the statute counts it, at least one county says use administration
Both dollar limits are measured on "the total value of the real and personal assets", and section 3B:10-3 entitles the spouse or partner to all of the real and personal assets. County practice can differ. Salem County's affidavit fact sheets, posted with file names dated January 2026, say: "If decedent owns any real property, an Administration is required, cannot open an Affidavit." Salem's heir sheet says the same in other words. We did not find this rule in the statute; it is how Salem's office states its practice.
Ocean County's guide notes that real estate owned by spouses or domestic partners as tenants by the entirety passes automatically to the survivor by operation of law.
Vehicles: what the New Jersey MVC asks for
The New Jersey Motor Vehicle Commission's page on transferring ownership covers a title in the decedent's name alone when there is no will:
- With a surviving spouse, domestic partner or civil union partner and an estate that "does not exceed $50,000": the current title, signed by the survivor, with an Affidavit of Surviving Spouse/Domestic Partner/Civil Union Partner that "must include the raised seal of the County Surrogate".
- With heirs but no surviving spouse or partner and an estate that does not exceed $20,000: the current title, signed by the next of kin, with an Affidavit of Next of Kin bearing the Surrogate's raised seal.
- Over those amounts: the title assigned by the administrator of the estate, with an Administrator's Short Certificate.
If the title was in both spouses' or partners' names, the MVC page lists a different route: the title signed by the surviving owner, a copy of the death certificate and a notarized affidavit (Form BA-62), with the $60 title fee. A vehicle registered in the decedent's name "may be operated until such date as the current vehicle registration expires." The MVC page does not state a separate fee for the affidavit route.
Banks and other holders that pay on the affidavit
N.J.S.A. 3B:10-5 protects a bank, savings association, corporation or person that pays or delivers assets to the affiant "upon presentation of a copy of the affidavit marked a true copy by the surrogate or the clerk of the Superior Court". They are discharged from claims by a later administrator even if the assets in fact exceed the limit, the affidavit's statements are wrong, or the heirs' consent was not obtained.
Forms: prepared by the county Surrogate
We did not find a statewide form from the New Jersey Courts. The affidavits are county Surrogate documents. What the counties we checked post online:
- Gloucester County: a one-page Consent of Next of Kin, which states the estate "does not exceed in value the sum of twenty thousand ($20,000) dollars", and an Estate Information Form with boxes for Affidavit of Surviving Spouse and Affidavit of Next of Kin. Neither PDF prints a revision date.
- Salem County: an Affidavit of Spouse fact sheet and an Affidavit of Heir fact sheet (Word files whose names end in "jan2026"), which ask for each account, vehicle, VIN and value, and for the next of kin.
- Cumberland County: says the Surrogate's office "will provide you with the Consent of Heir forms."
- Union County: says all consents "must be signed in front of a Notary Public".
Official pages that still show older or different figures
| Official page | What it shows | Current statute |
|---|---|---|
| N.J.S.A. 22A:2-30, Surrogate fee statute (statutes database) | Affidavit fee applies where assets do not exceed "$20,000.00 or $10,000.00, respectively"; last amended 2005 | $50,000 and $20,000 since January 19, 2016 |
| Ocean County Surrogate service fees page | "not to exceed $10,000 or $5,000 respectively" | $50,000 and $20,000 |
| Monmouth County Surrogate, Without a Will page | Next of kin affidavit when assets do not exceed "$20,00.00" (a misprint); spouse figure shown as $50,000.00 | $20,000 |
| Salem County Affidavit of Heir fact sheet | $10,000 limit "(eff. 01/12/06)" and $5,000 for deaths through 01/11/06 | Session laws show $10,000 enacted by P.L.2004, c.132 (approved August 31, 2004; effective on the 180th day after enactment) and kept by P.L.2005, c.331 |
| Salem County forms page and fact sheets | "less than $50,000" and "less than $20,000" | "will not exceed" $50,000 and $20,000 |
The fee statute's older figures matter only for describing which affidavits the fee applies to; the fee itself ($5 per $100, $50 cap) is the same in the statute and in the county schedules we read. The Salem fact sheets' dates for the 2016 change match P.L.2015, c.232: $50,000 for deaths on or after 01/19/16 and $20,000 for deaths on or before 01/18/16.
What county Surrogate pages say
| County Surrogate | Limits stated | Other points on the page |
|---|---|---|
| Bergen | Not stated on the FAQ page | Affidavit only when there is no will |
| Burlington | $50,000 / $20,000 (fee schedule) | $5 per $100, total not over $50, waived up to $200 |
| Cumberland | $50,000 (spouse); heir amount not stated | Nothing issued until the sixth day after death; no appointment needed |
| Gloucester | $50,000 / $20,000 | Affidavits issued from the sixth day after death; posts consent form |
| Monmouth | $50,000 / "$20,00.00" | Consents of all next of kin of equal standing; fee schedule shows $50,000 / $20,000 |
| Ocean | $50,000 / $20,000 (guide); $10,000 / $5,000 (fee page) | Documents issued from the sixth day after death |
| Salem | Less than $50,000 / less than $20,000 | Real property requires administration; fee table up to $50 |
| Union | $50,000 / $20,000 | Each asset listed with depository, value and identifying numbers; one letter per asset |
What we could not confirm
- The Mercer County Surrogate's affidavit page and the Atlantic County Surrogate's administration page refused our automated request (HTTP 403), so we did not read them. Third-party summaries say Mercer's page cites a $5,000 debt-free amount; not confirmed.
- We did not find official pages for the Essex, Morris, Middlesex, Hudson, Passaic or Camden County Surrogates that describe the affidavits. Copies of Essex and Camden forms on third-party sites were not used.
- The statutory basis for the "sixth day after death" rule. The county pages state it but do not cite a statute, and sections 3B:10-3 and 3B:10-4 do not contain it.
- Whether other counties share Salem County's rule that real property requires administration.
- A New Jersey Division of Taxation page that ties inheritance tax waivers to the small estate affidavit. Its waivers page does not mention the affidavit.
- Whether the Superior Court route is used in practice; every county page we read describes the Surrogate.
Questions
Does New Jersey have a small estate affidavit?
What is the NJ small estate affidavit limit in 2026?
How much does the affidavit cost at the Surrogate?
Can I get a New Jersey small estate affidavit form as a PDF?
Is there a waiting period?
Sources
- N.J.S.A. 3B:10-3, 3B:10-4, 3B:10-5 and 22A:2-30 - New Jersey Legislature, statutes database (search each section number), read 2026-10-13
- P.L.2015, chapter 232 (S2251 SCS), approved January 19, 2016 - New Jersey Legislature, read 2026-10-13
- Senate Budget and Appropriations Committee statement to the substitute for S2251, November 9, 2015 - New Jersey Legislature, read 2026-10-13
- S708 (2004), first reprint, showing amended figures in brackets - New Jersey Legislature, read 2026-10-13
- P.L.2004, chapter 132, approved August 31, 2004 - New Jersey Legislature, read 2026-10-13
- S2083 (2005), first reprint - New Jersey Legislature, read 2026-10-13
- P.L.2005, chapter 331, approved January 12, 2006 - New Jersey Legislature, read 2026-10-13
- Transferring Vehicle Ownership - New Jersey Motor Vehicle Commission, read 2026-10-13
- Frequently Asked Questions - Bergen County Surrogate's Court, read 2026-10-13
- Surrogate's Court fee schedule - Burlington County Surrogate's Court, read 2026-10-13
- Letters of Administration and Affidavits - Cumberland County Surrogate, read 2026-10-13
- Estate Matters - Gloucester County Surrogate, read 2026-10-13
- Consent of Next of Kin (PDF) - Gloucester County Surrogate Court, read 2026-10-13
- Without a Will / Administration - Monmouth County Surrogate, read 2026-10-13
- Surrogate Fee Schedule - Monmouth County Surrogate, read 2026-10-13
- A Planning Guide to the Probate Process (PDF) - Ocean County Surrogate, read 2026-10-13
- Surrogate Service Fees - Ocean County Surrogate, read 2026-10-13
- Forms - Salem County Surrogate's Court, read 2026-10-13
- Affidavit of Spouse fact sheet (Word file) - Salem County Surrogate's Court, read 2026-10-13
- Affidavit of Heir fact sheet (Word file) - Salem County Surrogate's Court, read 2026-10-13
- Administration - Union County Surrogate, read 2026-10-13
Source links are not affiliate links. This page is general information, not legal, tax or financial advice.
