Administration of Small Estates in NJ

Administration of Small Estates in NJ

Affidavit of Surviving Spouse, Partner in a Civil Union or Domestic Partner

On or After January 19, 2016

If the aggregate of all real and personal property of an intestate estate do not exceed $ 50,000 the Surviving Spouse, Partner in a Civil Union or Domestic Partner of the intestate (no Will) makes application for an Affidavit of Surviving Spouse, Partner in a Civil Union or Domestic Partner, lieu of an administration, and the assets of the estate up to $ 10,000 will be free from all debts of the intestate. The affiant presents a death certificate and a list of the assets to the Surrogate. An Affidavit is filed setting forth that the affiant is the surviving spouse, partner in a civil union or domestic partner of the intestate, and that the aggregate value of the intestate’s estate will not exceed $ 50,000. The proposed affiant at the outset must ascertain certain information in order to do an affidavit of surviving spouse (See Information Sheet for Affidavit).

1. Check the death certificate to determine which county Surrogate’s Court has jurisdiction. The Affidavit of Surviving Spouse must be done in the County where the decedent resided at time of death.
2. List all the assets in the decedent’s name alone in order to determine the number of true copies of the affidavits that will be required. Very specific information on each asset will be required ie. vehicle make, year, model, serial number and value.

The affiant also will sign an Authorization to Accept Service of Process (Power of Attorney) in favor of the Surrogate empowering the Surrogate to accept service of process in any cause in which the fiduciary, in his/her capacity as, is party. If someone sues the estate and personal service cannot be affected, service of process may be made upon the Surrogate. The Surrogate must mail a copy of the Process to the fiduciary at the address on the Authorization.

A Child Support Verification must be signed by the affiant acknowledging that he/she has received a copy of N.J.S.A. 2A:17-56.23b advising the affiant of his/her obligation to determine if a child support arrangement existed prior to making distributions in excess of $ 2,000 and to satisfy same prior to disbursement of funds to any beneficiary who may owe child support.

The spouse, partner in a civil union or domestic partner is entitled to take and deal with only those assets listed on the affidavit. If additional assets are discovered later, and if the aggregate of the assets exceed $ 50,000, an application for general administration must be made. If the surviving spouse, partner in a civil union or domestic partner renounces or is unable to act pursuant to the procedure, a general administrator must be appointed.

Affidavit of Next of Kin

On or before January 18, 2016

If the intestate leaves no spouse, partner in a civil union or domestic partner and the aggregate value of the estate does not exceed $ 10,000 one of the next-of-kin, with Consents from other next-of-kin of equal degree, may file an affidavit in lieu of administration. (See Information Sheet for Affidavit)

The proposed affiant at the outset must ascertain certain information in order to do an Affidavit of Next-of-Kin.

1. Check the death certificate to determine which county Surrogate’s Court has jurisdiction. The Affidavit of Next of Kin must be done in the County where the decedent resided at time of death. Bring an original or certified copy to the Surrogate at time of application.
2. List all the assets in the decedent’s name alone in order to determine the number of true copies of the affidavits that will be required. Very specific information on each asset will be required ie. vehicle make, year, model, serial number and value.
3. List all the next of kin of proper degree of kinship with names, addresses and if minors the ages. If there are any deceased next-of-kin then their issue must be named.

The affiant must bring to the Surrogate’s Court a death certificate of the decedent, a death certificate of the spouse, if predeceased the decedent, and a list of assets which specifically gives the nature, location and value, and the names, addresses and ages, if minors, of the nearest next-of-kin.

An Affidavit of Next of Kin is filed setting forth that the affiant is the next of kin of the intestate, and that the aggregate value of the intestate’s estate will not exceed $ 10,000. The affidavit must also specifically list the intestate’s assets, their nature, location, value and set forth the residence of the intestate at the time of his/her death. More then one next of kin may serve as a co-affiant. A Consent need be signed by anyone of the same degree of kinship who chooses not to serve as affiant.

The affiant must sign the Authorization to Accept Service of Process (Power of Attorney) in favor of the Surrogate empowering the Surrogate to accept service of process in any cause in which the fiduciary, in his/her capacity as, is party. If someone sues the estate and personal service cannot be affected, service of process may be made upon the Surrogate. The Surrogate must mail a copy of the Process to the fiduciary at the address on the Authorization.

A Child Support Verification must be signed by the affiant acknowledging that he/she has received a copy of N.J.S.A. 2A:17-56.23b advising the affiant of his/her obligation to determine if a child support arrangement existed prior to making distributions in excess of $ 2,000 and to satisfy same prior to disbursement of funds to any beneficiary who may owe child support.

The Surrogate will issue an Affidavit of Next-of-Kin which will enable the affiant to receive the personal assets of the decedent for the benefit of all next-of-kin and creditors. Only the assets listed on the Affidavit may be transferred. If additional assets are discovered later, the affiant must come to the Surrogate for an additional Affidavit of Next-of-Kin. If the aggregate of the assets exceed $ 10,000, an application for general administration must be made.

On or after January 19, 2016

If the intestate leaves no spouse, partner in a civil union or domestic partner and the aggregate value of the estate does not exceed $ 20,000 one of the next-of-kin, with Consents from other next-of-kin of equal degree, may file an affidavit in lieu of administration. (See Information Sheet for Affidavit)

The proposed affiant at the outset must ascertain certain information in order to do an Affidavit of Next-of-Kin.

1. Check the death certificate to determine which county Surrogate’s Court has jurisdiction. The Affidavit of Surviving Spouse must be done in the County where the decedent resided at time of death. Bring an original or certified copy to the Surrogate at time of application.
2. List all the assets in the decedent’s name alone in order to determine the number of true copies of the affidavits that will be required. Very specific information on each asset will be required ie. vehicle make, year, model, serial number and value.
3. List all the next of kin of proper degree of kinship with names, addresses and if minors the ages. If there are any deceased next-of-kin then their issue must be named.

The affiant must bring to the Surrogate’s Court a death certificate of the decedent, a death certificate of the spouse, if predeceased the decedent, and a list of assets which specifically gives the nature, location and value, and the names, addresses and ages, if minors, of the nearest next-of-kin.

An Affidavit of Next of Kin is filed setting forth that the affiant is the next of kin of the intestate, and that the aggregate value of the intestate’s estate will not exceed $ 20,000. The affidavit must also specifically list the intestate’s assets, their nature, location, value and set forth the residence of the intestate at the time of his/her death. More then one next of kin may serve as a co-affiant. A Consent need be signed by anyone of the same degree of kinship who chooses not to serve as affiant.

The affiant must sign the Authorization to Accept Service of Death (Power of Attorney) in favor of the Surrogate empowering the Surrogate to accept service of process in any cause in which the fiduciary, in his/her capacity as, is party. If someone sues the estate and personal service cannot be affected, service of process may be made upon the Surrogate. The Surrogate must mail a copy of the Process to the fiduciary at the address on the Authorization.

A Child Support Verification must be signed by the affiant acknowledging that he/she has received a copy of N.J.S.A. 2A:17-56.23b advising the affiant of his/her obligation to determine if a child support arrangement existed prior to making distributions in excess of $ 2,000 and to satisfy same prior to disbursement of funds to any beneficiary who may owe child support.

The Surrogate will issue an Affidavit of Next-of-Kin which will enable the affiant to receive the personal assets of the decedent for the benefit of all next-of-kin and creditors. Only the assets listed on the Affidavit may be transferred. If additional assets are discovered later, the affiant must come to the Surrogate for an additional Affidavit of Next-of-Kin. If the aggregate of the assets exceed $ 20,000, an application for general administration must be made. https://www.mercercounty.org/government/county-surrogate/affidavits-of-surviving-spouse-domestic-partner-or-next-of-kin