New Jersey Small Estate Affidavit Checker

$50,000 for a spouse — and the house counts

Confirmed distinctive: under N.J.S.A. 3B:10-3, a surviving spouse, civil union partner, or domestic partner can claim an intestate estate worth $50,000 or less — measuring the combined real and personal assets together. Unlike most states' small estate shortcuts, this one can reach the house itself, not personal property alone.

$20,000 for other heirs, with consents required

Without a surviving spouse or partner, an heir at law can use a smaller $20,000 threshold under N.J.S.A. 3B:10-4 — but only with the required written consents from the other heirs entitled to share in the estate.

Both versions apply to intestate estates

Both thresholds are written for intestate estates specifically. Even so, any will that exists must still be presented to the Surrogate within 10 days of death, regardless of whether formal administration ultimately follows.

A modest creditor shield for the spouse

Up to $10,000 of the assets taken under the spousal affidavit are free from the decedent's creditor claims — a real protection, though families should still identify known debts, secured obligations, and tax questions before relying on it.

Filed before the County Surrogate

The affidavit is made before the Surrogate of the county where the decedent resided, before the Surrogate where assets are located if the decedent lived outside New Jersey, or before the Superior Court.

New Jersey small estate — frequently asked questions

What is New Jersey's small estate threshold for a surviving spouse?

$50,000 or less in the intestate estate's combined real and personal assets, under N.J.S.A. 3B:10-3 — notably, this version can reach the house itself, unlike the small estate procedures in most other states.

What is the threshold when there's no surviving spouse or partner?

$20,000, available to an heir at law under N.J.S.A. 3B:10-4, but only with the required written consents of the other heirs.

Are these New Jersey small estate procedures only for intestate estates?

Yes, both N.J.S.A. 3B:10-3 and 3B:10-4 address intestate estates specifically — where there's a valid will, these particular shortcuts don't apply the same way.

Does any part of the spousal small estate stay protected from creditors?

Yes — up to $10,000 of the assets taken under the spousal affidavit are free from the claims of the decedent's creditors, though families should still identify known debts before relying on that protection.

Does a small estate still need the will filed with the Surrogate?

Yes — New Jersey law requires that a will be presented to the Surrogate within 10 days of the decedent's death, even when no formal administration ultimately follows.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on N.J.S.A. 3B:10-3, 3B:10-4. Actual eligibility depends on the estate's full facts. Confirm with the county Surrogate's Court or a licensed New Jersey attorney before acting.