Quick answer: a surviving spouse with a combined estate (house included) at or under $50,000 — the spousal affidavit. An heir at law with personal property at or under $20,000 and written consents — the heir affidavit. A will, or a larger estate — full probate. Check your own numbers with the New Jersey small estate checker.
The one real exception to the "no real estate" rule
A will changes which path applies
Both New Jersey small estate thresholds are written for intestate estates. Where a valid will exists, the executor's broader statutory power to sell under §3B:14-23 — or full probate for a larger or more complex estate — is typically the relevant path instead.
Joint ownership sidesteps the calculation entirely
Property held in joint tenancy with right of survivorship generally passes to the surviving owner outside of probate, and outside the intestate estate itself — it typically wouldn't count toward either the $50,000 or $20,000 cap to begin with.
What skips probate before any threshold matters
Property held in joint tenancy with right of survivorship, payable-on-death bank accounts, and assets with named beneficiaries — life insurance, retirement accounts — all pass outside probate entirely.
The decision, in order
- Is the asset in joint tenancy, payable-on-death, or has a named beneficiary? → Skips probate entirely.
- Intestate, surviving spouse/partner, combined estate at or under $50,000? → Spousal affidavit — can include the house.
- Intestate, no spouse/partner, personal property at or under $20,000, consents secured? → Heir affidavit.
- A will exists, or the estate exceeds these caps → Full probate.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, filing happens before the Surrogate of the county where the decedent resided — Bergen, Essex, and Middlesex County among the busiest.