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Summary. When a parent dies, you may be able to collect a modest bank account in New Jersey without full probate. New Jersey uses county Surrogate’s Courts for estate administration. Some banks will accept a sworn affidavit and supporting documents for small-balance accounts; others will require formal court-issued authority (letters testamentary or letters of administration). The exact process depends on the bank’s policy, the account ownership type, and whether the Surrogate’s Court needs to be involved.

1. First check how the account is owned

Before preparing any paperwork, determine how the bank account was titled:

• Payable-on-death (POD) or “transfer-on-death” (beneficiary) designation — funds usually go directly to the named beneficiary without probate.
• Joint account with right of survivorship — surviving co-owner typically becomes sole owner automatically.
• Individual account with no beneficiary — the account is part of the decedent’s estate and the bank will want proof of authority to release funds.

2. Gather the documents the bank will want

Common documents banks ask for include:

• Certified copy of the death certificate (the bank usually requires an official certified copy).
• Your government ID showing your identity and relationship if relevant.
• The account statements or account number and documentation of the account balance.
• Any copy of the will (if one exists) and the name of the executor.
• A properly completed, notarized affidavit if the bank accepts one in lieu of court papers.

3. What a “small estate affidavit” or similar affidavit typically does

An affidavit used for small accounts is a signed, sworn statement that says you are the person lawfully entitled to the money and that the account balance falls below the amount the bank or court will allow to be paid without formal letters. Typical contents include:

• Decedent’s name and date of death.
• Your name, relationship to the decedent, and statement of entitlement (for example, sole heir or named beneficiary).
• Account identifying information and the current balance or approximate value.
• A statement that no letters testamentary/administration have been issued (or that the estate is small enough that none are required).
• An oath or affirmation and notarization.

Important: New Jersey does not have a single uniform “small estate affidavit” rule used by every bank. Many banks maintain their own written thresholds and affidavit forms. Always ask the bank what form they require.

4. Contact the bank early and ask for its policy

Call the bank’s estate or probate department. Ask what they require to release funds for the specific account type and balance. If they accept an affidavit, request the bank’s preferred affidavit form and a list of required supporting documents. Getting this information first avoids preparing the wrong paperwork.

5. If the bank will not release funds on an affidavit

If the bank refuses an affidavit, you usually have two paths:

1. Apply to the county Surrogate’s Court for formal authority — the court can issue letters testamentary (if there is a will and an executor) or letters of administration (if there is no will). Those letters give you legal authority to collect assets. Contact your county Surrogate’s office for forms, filing fees, and exact paperwork requirements. See the New Jersey Courts Surrogates page: https://www.njcourts.gov/courts/surrogates.html
2. Ask the Surrogate or the bank about simplified procedures — some counties have local simplified or summary procedures for small estates or small assets. The availability and thresholds differ by county and by institution.

6. Practical example (hypothetical)

Suppose a parent died owning a single checking account with $5,200 and no POD beneficiary or joint owner. Steps you would take:

• Obtain a certified death certificate.
• Contact the bank, explain the situation, and ask whether they accept a sworn affidavit for accounts of this size. Request their required affidavit form.
• If the bank accepts their affidavit, complete it, attach the death certificate and a copy of your photo ID, notarize, and submit. If the bank pays, keep receipts and copies.
• If the bank declines, contact the county Surrogate’s office to learn the simplest filing (application for letters of administration or other summary process). Follow the Surrogate’s filing instructions and obtain court-issued authority to present to the bank.

7. Creditor claims and timelines

Collecting funds as a personal representative or through an affidavit does not eliminate the estate’s potential creditor obligations. If you take funds from the account, keep records and do not distribute money to heirs until you understand whether creditor claims must be addressed. When you obtain court authority, the Surrogate’s Court will advise on notice to creditors and any applicable timelines.

8. If you are unsure, contact the county Surrogate or an attorney

Surrogate’s offices provide guidance on forms, fees, and local practices. If the estate has more complicated issues (multiple assets, dispute among heirs, significant debts, or contested ownership), consult a probate attorney for advice specific to your situation. The New Jersey Courts Surrogate information is a reliable starting point: https://www.njcourts.gov/courts/surrogates.html

Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. For advice about a specific situation, contact a licensed New Jersey attorney or your county Surrogate’s Court.