Quick answer: a spouse or partner files before the County Surrogate for estates at or under $50,000; an heir at law does the same at $20,000, with written consents attached. Check which applies with the New Jersey small estate checker.
Step by step
- Confirm the estate is intestate (no valid will directing distribution).
- Total the assets — real and personal combined for a spouse, personal property for an heir.
- Confirm the total is within the applicable cap ($50,000 or $20,000).
- Gather written consents from other heirs, if filing as an heir at law rather than a spouse.
- Complete the sworn affidavit, identifying your relationship and each asset's residence, nature, location, and value.
- File before the County Surrogate where the decedent resided (or where assets are located, for a non-resident decedent).
The affidavit has to be specific, not just a total
Non-resident decedents file differently
If the decedent wasn't a New Jersey resident, the affidavit is made before the Surrogate of the county where the assets are actually located, rather than a county tied to residence.
Forms vary by county
Each county Surrogate's office may maintain its own specific forms and filing practices — worth confirming directly with the county where the filing will actually happen, rather than assuming a form used elsewhere applies statewide.
Know when to call a lawyer instead
Consider counsel before relying on the affidavit alone if the estate sits close to the threshold, an asset is hard to value, a will is involved, heirs disagree, or a bank or financial institution simply refuses to release property based on the affidavit.
A local probate attorney can review your estate — many offer a free consultation.
Bergen, Essex, and Middlesex County each process this affidavit through their own Surrogate's office, but the $50,000 and $20,000 thresholds apply identically statewide.