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When someone dies without a will in New Jersey and owns real estate, an heirship affidavit lets heirs claim title without formal probate. You must follow state law to ensure recording offices accept the document. Below are the core steps:

Step 1: Confirm Eligibility

You can use an heirship affidavit if the decedent died intestate (without a will) and no personal representative has been appointed. This process often applies when the estate holds only real property or when the small-estate threshold under N.J.S.A. 3B:2-27 is met.

Step 2: Gather Required Documents

• Certified death certificate of the decedent.
• Chain of title documents proving decedent’s ownership (deed, mortgage records).
• Affidavits or declarations from two disinterested witnesses who know the family history.
• Proof of identity for each heir (copies of driver’s licenses or passports).

Step 3: Complete the Heirship Affidavit Form

Most counties in New Jersey provide their own affidavit of heirship form. The affidavit must include:

• Decedent’s full name, date of death and last address.
• Legal description of the real property.
• Names and relationships of all heirs at law.
• A statement that no will exists and no personal representative has been appointed.
• Signatures of heirs and witnesses under penalty of perjury.

Step 4: Notarize and Record the Affidavit

1. Sign the affidavit before a notary public.
2. Pay any recording fees set by the county clerk or register of deeds.
3. File the affidavit in the county where the property lies. The clerk will stamp it and include it in the land records.

Once recorded, the affidavit becomes part of the public record and conveys title to the heirs listed. They can then sell or mortgage the property in their names.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. You may wish to consult a licensed attorney in New Jersey before filing an heirship affidavit.

Helpful Hints

• Check your county clerk’s website for a sample heirship affidavit form.
• Maintain clear lineage proof—family Bibles, birth certificates and marriage records help.
• Use certified copies of vital records to avoid rejection by the recorder.
• Consider a title search to discover liens or undisclosed heirs.
• Filing under the small estate procedure (N.J.S.A. 3B:2-27) can simplify transfer of personal property up to the statutory limit.