Aggregate (personal + real)
$20,000
statutory cap
No mandatory wait
Non-spouse heirs under N.J.S.A. 3B:10-4 (with consent of remaining heirs).
NJ · Surrogate's Court
New Jersey
Small-estate-affidavit threshold and procedure under § N.J.S.A. § 3B:10-3.
Verified 2026-05-04
Surviving spouse, sole heir
$50,000
spouse-tier cap
No mandatory wait
Surviving spouse / civil union partner / domestic partner under N.J.S.A. 3B:10-3.
01
Who is eligible to file
New Jersey separates the spouse / domestic-partner path from the next-of-kin path:
- Surviving spouse, civil-union partner, or domestic partner — files under N.J.S.A. § 3B:10-3 with the higher cap
- Next of kin (children, parents, siblings) — files under N.J.S.A. § 3B:10-4 with consent of remaining heirs
- Other heirs at law per New Jersey's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Non-spouse heirs under N.J.S.A. 3B:10-4 (with consent of remaining heirs).
Real property
Eligible — included in calculation
Aggregate of all real and personal property under cap — real property included.
03
Where to file
File with the Surrogate's Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The New Jersey judicial system operates an authoritative court locator.
Find your county’s Surrogate's Court via the New Jersey judicial council website. Search for “New Jersey Surrogate's Court county locator” or visit the state government court directory.
04
Form & statute
Form
- Affidavit of Surviving Spouse / Domestic Partner / Next of KinCounty-level form (Mercer County example).
Statutes
§ N.J.S.A. § 3B:10-3
https://law.justia.com/codes/new-jersey/title-3b/section-3b-10-3/spouse/domestic-partner affidavit
§ N.J.S.A. § 3B:10-4
https://law.justia.com/codes/new-jersey/title-3b/section-3b-10-4/next-of-kin affidavit