A Small Estate
N.J.S.A. 3B:10-3 — a spouse's or partner's affidavit when the estate is $50,000 or less
In New Jersey, where the total real and personal assets of a person who died without a will will not exceed $50,000, the surviving spouse, civil union partner or domestic partner, on an affidavit before the Surrogate of the county where the person lived, or before the Superior Court, is entitled to all the assets without administration.
- The assets up to $10,000 are free from all of the person's debts.
- The affidavit states the relationship, that the assets will not exceed $50,000, the person's residence, and the nature, location and value of each asset.
- Once it is filed, the spouse or partner has the rights, powers and duties of an appointed administrator, and may be sued and required to account like one.
Sources for this section (1)
- N.J.S.A. 3B:10-3 — Affidavit of surviving spouse or domestic partner
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.