Probate Shortcuts in New Jersey

Save time and money when you wrap up an estate in New Jersey.

Updated by , Attorney
Need Professional Help? Talk to a Probate Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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 (N.J. Rev. Stat. § 3B:10-3), or
    • $20,000, if you're an heir of the estate under New Jersey's intestacy laws and there's no surviving spouse or domestic partner (N.J. Rev. Stat. § 3B:10-4).

      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.

      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.

      Get Professional Help
      Talk to a Probate attorney.
      There was a problem with the submission. Please refresh the page and try again
      Full Name is required
      Email is required
      Please add a valid Email
      Phone Number is required
      Please enter a valid Phone Number
      Zip Code is required
      Please add a valid Zip Code
      Description is required
      By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

      You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

      How It Works

      1. Briefly tell us about your case
      2. Provide your contact information
      3. Choose attorneys to contact you