New Jersey probate code · checked October 2026
For money and belongings, New Jersey's affidavit limit is $20,000 — applied to the estate after the assets that pass automatically are taken out, and $50,000 when the person claiming is the surviving spouse in the position the statute describes. New Jersey's cap covers real and personal property COMBINED, and the same affidavit procedure carries both — the house rides inside the $50,000 (spouse) or $20,000 (next of kin) total. New Jersey sets no waiting period for its affidavit.
The affidavit limit today: $20,000 — $50,000 for a spouse in the statute's position, judged by the law in force on the date of death.
The paper: Affidavit of Surviving Spouse / Civil Union or Domestic Partner (N.J.S.A. 3B:10-3) and Affidavit of Next of Kin (N.J.S.A. 3B:10-4), executed before and filed/recorded with the county Surrogate or Superior Court clerk.
How it moves: filed with the court — a court paper, not an envelope.
The wait: no statutory waiting period.
For a surviving spouse: Surviving spouse, civil union partner or domestic partner of an intestate may take ALL real and personal assets up to $50,000 total by affidavit under 3B:10-3; with no spouse/partner, heirs are limited to $20,000 total under 3B:10-4 with written consent of the other heirs.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $20,000 (spouse: $50,000) | Filed with the court. Form: Affidavit of Surviving Spouse / Civil Union or Domestic Partner (N.J.S.A. 3B:10-3) and Affidavit of Next of Kin (N.J.S.A. 3B:10-4), executed before and filed/recorded with the county Surrogate or Superior Court clerk. |
A vehicle is personal property counted toward the combined real-and-personal cap ($50,000 spouse / $20,000 next of kin); no separate vehicle exclusion applies to these affidavits.
No solvency precondition; for a spouse/partner the first $10,000 of assets is free from the intestate's debts and the balance is subject to debts, and a next-of-kin affiant takes for the benefit of all heirs and creditors and may be required to account.
Rules checked October 2026 · Sources: N.J.S.A. 3B:10-3; N.J.S.A. 3B:10-4; P.L. 2015, c. 232. This page reads the published law; it is not legal advice, and the court is the final word.