Probate Shortcuts in New Jersey

The probate process can be long and drawn out, costing your survivors time as well as money. Fortunately, New Jersey offers a probate shortcut for "small estates." If the property you leave behind at your death is below a certain amount, your loved ones might be able to use a procedure called "small estate administration" to transfer your property more quickly and with less hassle.

When Can You Use Small Estate Administration in New Jersey?

You can use small estate administration only if the deceased person didn't leave behind a will (in other words, they died intestate).

In addition, the value of the estate (all of the property the deceased person left behind) can't exceed:

• $50,000, if you're the surviving spouse, civil union partner, or registered domestic partner, or
• $20,000 if you're an heir of the estate under New Jersey's intestacy laws and there is no surviving spouse or domestic partner.

(N.J. Stat. §§ 3B:10-3, 3B:10-4 (2024).)

How Does Small Estate Administration Work?

To use small estate administration, the inheritor files an affidavit (sworn statement) with the court and then uses the affidavit to claim the deceased person's property. An inheritor who isn't the deceased person's spouse, domestic partner, or partner in a civil union must also file a written consent. The consent must state that all remaining heirs agree to small estate administration and must be signed by all of the remaining heirs. (N.J. Stat. §§ 3B:10-3, 3B:10-4 (2024).)

The affidavit must state:

• the deceased person's residence at the time of death
• the names, residences, and relationships of all of the heirs—or a statement that the person filing the affidavit is the deceased person's surviving spouse, partner in a civil union, or domestic partner
• the nature, location, and value of the real and personal assets, and
• the value of the intestate's real and personal assets won't exceed $20,000—or $50,000 if the person filing the affidavit is the deceased person's surviving spouse, partner in a civil union, or domestic partner.

(N.J. Stat. §§ 3B:10-3, 3B:10-4 (2024).)

The inheritor simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate. After that, the person or institution releases the asset. This process is much simpler than regular probate, and it doesn't require any formal proceedings.

For More Information

For help determining if an estate qualifies for one of these probate shortcuts, or handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo) or Estate Planning Basics, by Denis Clifford (Nolo).

For more on New Jersey estate planning issues, see our section on New Jersey Estate Planning.