NJ risk area
Probate risk in New Jersey
Court-supervised estate process, timing, cost exposure, and public record requirements.
New Jersey allows small-estate affidavits for intestate estates under specific dollar limits, with different thresholds depending on whether a spouse or partner survives.
How long does probate typically take here?What costs and fees should families expect?What becomes public during probate?
At a glance
Key takeaways
- If a spouse or partner survives, an affidavit can be used when the estate is $50,000 or less, and up to $10,000 is free from debts.
- If no spouse or partner survives, an heir can use an affidavit when the estate is $20,000 or less with written consent of other heirs.
- Affidavits are executed before the county surrogate (or Superior Court) and confer administrator powers.
- Small-estate affidavits are executed before the county surrogate and confer authority to collect assets.
Questions to consider
Questions this risk area helps you evaluate in New Jersey
- How long does probate typically take here?
- What costs and fees should families expect?
- What becomes public during probate?
State overview
New Jersey allows small-estate affidavits for intestate estates under specific dollar limits, with different thresholds depending on whether a spouse or partner survives.
- If a spouse or partner survives, an affidavit can be used when the estate is $50,000 or less, and up to $10,000 is free from debts.
- If no spouse or partner survives, an heir can use an affidavit when the estate is $20,000 or less with written consent of other heirs.
- Affidavits are executed before the county surrogate (or Superior Court) and confer administrator powers.
- Small-estate affidavits are executed before the county surrogate and confer authority to collect assets.
Sources
- https://law.justia.com/codes/new-jersey/title-3b/section-3b-10-3/
- https://law.justia.com/codes/new-jersey/title-3b/section-3b-10-4/
Risk sources
- Uniform Probate Code (2019) - Probate of wills and administration
Article III covers appointment, notices, creditor claims, and small-estate collection (Section 3-1201).
National sources provide baseline context; state statutes and court rules control in New Jersey.