Can a Surviving Spouse Avoid Probate in NJ When the Estate Value is Small?

HNWEstate Administration and Probate

The short answer is yes.  In the absence of a will, if a deceased spouse owned less than $50,000 of assets to his or her name, the surviving spouse may sign an affidavit with the county surrogate where spouse resides attesting to this small estate value.  The surrogate will then appoint the spouse administrator of the estate.  A surviving spouse will need to provide the surrogate specific information about the estate assets to allow this appointment to occur.

If you are looking for additional details on this topic or if you require advice about your situation, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at  Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.

Written by Fredrick P. Niemann, Esq. and Stephen W. Kornas, Esq. of Hanlon Niemann & Wright

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