Home / Small estate limits / Mid-Atlantic
N.J.S.A. 3B:10-3 · checked 2026-10-21
New Jersey small estate affidavit limit
In New Jersey the affidavit of surviving spouse or partner (small estate) is available when the total value of the estate's real and personal assets, for a person who died without a will is $50,000 or less; the statute sets no waiting period. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $50,000
- 2Waiting period None stated
- 3Filed with Court
- 4Statute N.J.S.A. 3B:10-3
What N.J.S.A. 3B:10-3 says
The operative words of the statute, as read on 2026-10-21:
“will not exceed $50,000”
That test is applied to the total value of the estate's real and personal assets, for a person who died without a will. The $50,000 affidavit is for a surviving spouse, civil-union partner or domestic partner. When there is no surviving spouse or partner, an heir may use an affidavit if the estate will not exceed $20,000 (N.J.S.A. 3B:10-4). Both apply only where there is no will.
Source: N.J.S.A. 3B:10-3. Last checked 2026-10-21.
Worked examples against the $50,000 limit
| Estate value | Result under N.J.S.A. 3B:10-3 |
|---|---|
| $30,000 | Over the limit by $-20,000: the small-estate route is closed |
| $50,000 | Over the limit by $0: the small-estate route is closed |
| $51,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — total value of the estate's real and personal assets, for a person who died without a will — not everything the person owned. New Jersey's figure is $12,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 25th from the top, level with Alaska, Delaware, Iowa, Maryland.
When the route opens
N.J.S.A. 3B:10-3 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.
If the estate goes through full probate instead, creditors have 9 months counted from the decedent's death (N.J.S.A. 3B:22-4). The New Jersey probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file. The court fee schedule for New Jersey could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the affidavit of surviving spouse or partner (small estate) and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby Mid-Atlantic jurisdictions
New York: $50,000; Pennsylvania: $50,000.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the New Jersey probate court or its self-help center before filing.