New Jersey Small Estate Affidavit | Affidavit of Heirship

New Jersey defines “small estates” as $50,000 or more, if a spouse is filing; $20,000 if any other non-spousal heir is filing. If a loved one in New Jersey passes away with an intestate estate, meaning they have no will, then the family or other successors may file an affidavit of heirship or small estate to claim personal property or real estate. The total value of both personal property like bank accounts and real estate may not exceed the aforementioned amounts.

Affidavit of Heirship: In New Jersey, a “small estate” is considered $50,000 or more, if a spouse is filing; $20,000 if any other non-spousal heir is filing.

Small Estate Affidavit: this affidavit covers real estate which may not exceed $50,000 in value if a spouse is filing; $20,000 if any other non-spousal heir is filing.



If a loved one passes away in New Jersey and leaves personal property, such as bank accounts and trusts, valuing less than $20,000, then successors may file an affidavit of heirship to claim that property. This includes not only finances like bank accounts, retirement accounts, and final paychecks, but vehicles…

Is a surviving spouse files a small estate affidavit to claim ownership of property such as a home or plot of land, then the value of the property may be $50,000 or less. However, if other heirs file to claim real estate property, then the value may not exceed $20,000….