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New Jersey small estate

New Jersey small estate limit

New Jersey's small estate affidavit limit is $50,000 for a surviving spouse or partner and $20,000 for other heirs when there's no spouse or partner. Both are only for estates with no will, and an heir needs the other heirs' written consent (N.J.S.A. 3B:10-3, 3B:10-4).

Last updated

What counts in New Jersey: Total value of the real and personal assets of the estate.

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Did the person who died leave a will?
Is there a surviving spouse or registered partner?

New Jersey's small estate affidavit limit is $50,000 for a surviving spouse or partner and $20,000 for other heirs when there's no spouse or partner. Both are only for estates with no will, and an heir needs the other heirs' written consent (N.J.S.A. 3B:10-3, 3B:10-4).

General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.

Spouse or partner affidavit (N.J.S.A. 3B:10-3)

Limit$50,000
What countsTotal value of the real and personal assets of the estate.
Who can use itOnly when there is no will (intestate); Only a surviving spouse or partner
StatuteN.J.S.A. 3B:10-3

Heir affidavit, no surviving spouse (N.J.S.A. 3B:10-4)

Limit$20,000
What countsTotal value of the real and personal assets of the estate.
Who can use itOnly when there is no will (intestate); Only when there is no surviving spouse or partner
StatuteN.J.S.A. 3B:10-4

Only when there's no surviving spouse, civil-union partner or domestic partner, and only with the other heirs' written consent.

Common questions

What is the small estate limit in New Jersey for the spouse or partner affidavit?

The limit is $50,000 for the spouse or partner affidavit (N.J.S.A. 3B:10-3).

What counts toward the New Jersey limit for the spouse or partner affidavit?

Total value of the real and personal assets of the estate.

What is the small estate limit in New Jersey for the heir affidavit, no surviving spouse?

The limit is $20,000 for the heir affidavit, no surviving spouse (N.J.S.A. 3B:10-4). Only when there's no surviving spouse, civil-union partner or domestic partner, and only with the other heirs' written consent.

What counts toward the New Jersey limit for the heir affidavit, no surviving spouse?

Total value of the real and personal assets of the estate.

Sources

We last checked the statute text against the official publishers in August 2026.