Form L-8 – Affidavit for Non-Real Estate Investments: Resident Decedents revised in 2018

Form L-8 – Affidavit for Non-Real Estate Investments: Resident Decedents revised in 2018

Use this form for release of: 

·       · New Jersey bank accounts; 

·       · Stock in New Jersey corporations; 

·       · Brokerage accounts; and 

·       · New Jersey investment bonds. 

This form cannot be used for real estate. 

For real estate investments, use Form L-9. 

This form can be completed by: 

o   · The executor; 

o   · Administrator; 

o   · The surviving Class A joint tenant (often a spouse or civil union partner); or 

o   · Class A “Payable On Death (POD)” beneficiary of the assets for which release is sought. 

PART I – ELIGIBLE BENEFICIARIES: Check the box or boxes corresponding to the type of beneficiary who is receiving the assets that will be listed in Part V. If at least one of the boxes does not apply, the L-8 cannot be used to release these assets. Qualified civil union partners and domestic partners must provide a legal certificate to document their status. 

The following are considered Class A beneficiaries: 

·       · Surviving spouse; 

·       · Surviving civil union partner when a decedent’s death is on or after February 19, 2007; 

·       · Surviving domestic partner when a decedent’s death is on or after July 10, 2004; 

·       · Child, stepchild, legally adopted child, or issue of any child or legally adopted child (includes a grandchild and a great grandchild but not a step-grandchild or a step great-grandchild); 

·       · Parent and /or grandparent.
Note: You cannot use this form to release any asset passing to a beneficiary other than the Class A beneficiaries 

specifically listed in Part I.
For example, the following people cannot use this form (and must file a return to receive waivers): 

·       · Sisters and brothers of the decedent; 

·       · Sons-in-law or daughters-in-law of the decedent; 

·       · Nieces and nephews, aunts and uncles; 

·       · Ex-spouses; 

·       · Mutually acknowledged children; 

·       · Step-grandchildren and charities. 

(02/18) 

(02/18) 

PART II – SUCCESSION:Check the box that shows how the assets pass to the beneficiary. 

·       · Check Box aif the assets on the form pass directly to the beneficiary by operation of law. This means 

they were jointly held, POD, or Transfer on Death (TOD). (A copy of the will is not needed); 

·       · Check Box bif the will states that these specific assets reported on the L-8 form pass to a particular named beneficiary. (Attach a copy of the will); 

·       · Check Box cif there was no will (intestate) and all the beneficiaries in the entire estate are Class A beneficiaries as listed in Part I; or 

·       · Check Box cif there was a will (testate), but there were no specific bequests and all the beneficiaries in the entire estate are one of the Class A beneficiaries listed in Part I (attach a copy of the will). 

Note: If at least one of the boxes does not apply, the L-8 cannot be used to release these assets. 

PART III – TRUSTS/DISCLAIMERS:If any of the assets you wish to release pass into or through a trust, where the trust decides how the assets are distributed, you cannot use the L-8. Trusts can be set up by decedents either in their will, or separately from the will. For the purposes of the L-8, it is not generally considered a “trust” when there is a bequest in the will to a minor (who is a Class “A”) to be held “in trust” until he/she reaches a specific age. In all other cases, a full return must be filed with the Inheritance Tax Branch, even if the assets all appear to be passing to Class A beneficiaries. 

NOTE: Assets that are owned by or in the name of a trust do not require a waiver or L-8, but must still be reported on any return filed. 

PART IV – ESTATE TAX:This section determines whether the estate may be required to pay New Jersey Estate Tax. You must be able to answer “YES” to either a), b), or c) to qualify to use this form. If the decedent died on or after January 1, 2017, but before January 1, 2018, his/her entire taxable estate must be under $2 million. If the date of death was before January 1, 2017, the entire taxable estate must be under $675,000. Even if you qualify to use this form, a return is still required if the gross estate is over $675,000. If the decedent died on or after January 1, 2018, then there is no Estate Tax. 

PART V – PROPERTY: List all the assets in this institution for which you are requesting a release. If this is a bank, list each account in this bank separately. Follow the column headings for each asset. Under “How held/Registered,” you may enter “NOD” (Name of Decedent) if the account was in the name of the decedent alone. If it was Paid on Death (POD) to a person, enter “POD to” and the person or persons’ names (e.g., POD Jane Doe and John Doe). If it was jointly held, enter “NOD and/or” the beneficiary’s name. 

PART VI – BENEFICIARIES: List the name of each beneficiary and his/her relationship to the decedent. The relationship must be one of the Class A beneficiaries listed in Part I of the L-8. 

NOTE: “Executor,” “Estate,” and “Beneficiary” are not correct relations to the decedent in this column. You must use terms such as “Child,” “Spouse,” or “Grandchild.” 

SIGNATURE: This form is an affidavitand must be signed by the executor, administrator, or beneficiary, and the signature must be notarized. 

PART VII – RELEASING INSTITUTION: A representative of the institution releasing the funds must verify that all questions have been answered and that the beneficiaries reported are allowed per Part I, before signing the form and releasing any assets. If you have any question as to whether you are permitted to release assets, please call the Inheritance Tax general information number at (609) 292-5033 and ask to speak to an Information Section representative.