Short answer

No — the typical New Jersey “small estate” affidavit procedure is designed to transfer certain personal property and bank accounts, not real estate. You generally cannot use the small estate affidavit to sell a decedent’s house. Selling real property usually requires a formal probate administration, a court order, or another recognized transfer mechanism (for example, joint tenancy, pay‑on‑death designation, or a transfer‑on‑death deed). The creditor notice rules that apply depend on whether the estate goes through formal probate; those notice rules differ from the simplified small estate process.

Detailed answer — how the rules work in New Jersey

1. Two different processes — small estate for personal property vs. probate for real property. In New Jersey the streamlined or “small estate” procedures are intended to allow an heir or beneficiary to collect certain personal property (bank accounts, vehicles, some personal effects) without formal probate. These procedures generally do not cover real property (land and houses). If the decedent owned the house outright in their name, you normally need a personal representative (executor or administrator) appointed in Surrogate’s Court or a court order to sell the house.

2. What the small estate process covers. Small estate procedures allow transfer of personal property under set dollar thresholds and specific rules. Because the small estate affidavit does not convey title to real estate, it will not create authority to list, convey, or sign documents to sell the decedent’s house.

3. Creditor notice obligations differ by procedure. The publication or notice-to-creditors requirements depend on whether the estate is administered formally. In formal probate, New Jersey law and local Surrogate procedures require that creditors be given notice so they can make claims against the estate. The method and timing (publication in a newspaper, mailing, or other notice) are governed by probate rules and statute and may involve specified publication periods. Those formal notice requirements are not the same thing as the simplified small estate affidavit process — they apply when you open an estate in Surrogate’s Court or when the court supervises estate administration.

4. Practical consequences for selling the house. Because small‑estate affidavits do not transfer title to real estate, you cannot rely on the small estate procedure to clear title or to give you authority to sign a deed for the house. To sell the house you will usually need one of these routes:

• Appointment as personal representative (executor/administrator) by the Surrogate and issuance of letters testamentary or administration, followed by compliance with creditor notice requirements for probate and obtaining the court’s authorization if required;
• A court order authorizing sale in a particular case (for example, when immediate sale is necessary to preserve value);
• A clear transfer outside probate, such as if the property was held in joint tenancy with right of survivorship, if a valid transfer‑on‑death deed exists, or another nonprobate mechanism applies.

5. Do you have to publish notice for three months? There is no routine small‑estate step that requires you to publish a notice to creditors for three months in order to sell real property, because small‑estate procedures do not authorize sale of real property in the first place. If you open a formal probate estate, then the Surrogate’s notice and creditor claim deadlines apply; the timing and method vary and are controlled by the Surrogate’s rules and statute. Those formal notice requirements are the appropriate place to look for how long creditors have to file claims against the estate.

When you might be able to avoid probate and sell the house faster

Check whether any of the following is true — these can enable transfer or sale without a full probate administration:

• The decedent held the house in joint tenancy or tenancy by the entirety with another person: joint tenants typically cause title to pass immediately by survivorship.
• There is a valid transfer‑on‑death deed or other beneficiary designation that transfers the house outside probate.
• The mortgage company or lender agrees to release or to permit sale based on affidavits and documentation (this is unusual and lender policies vary).

If none of the above applies, expect to open a probate matter or seek a court order to sell.

Where to look for the law and official guidance

For general Surrogate’s Court information and small‑estate forms and instructions, consult the New Jersey Courts Surrogate resources: https://www.njcourts.gov/. The statutes governing probate and administration are in Title 3B of the New Jersey statutes; you can review the Consolidated Statutes on the New Jersey Legislature website: https://www.njleg.state.nj.us/. For precise statutory references and county‑specific Surrogate procedures, contact the local Surrogate’s Office.

Helpful hints — practical steps to take now

• Contact the county Surrogate’s Office where your mother lived. Ask whether the property can be transferred under any simplified process or whether you must open a probate administration to sell the house.
• Check title: pull a title report or check the deed to see how the property was owned (sole name, joint tenancy, tenancy by the entirety, beneficiary deed, etc.).
• Gather documents: death certificate, will (if any), deed, mortgage statement, homeowners insurance, and recent tax bill.
• If the house has a mortgage, notify the lender immediately. Lenders often require proof of authority to sell (letters from the Surrogate or court order).
• Consider temporary preservation measures: secure the property, maintain insurance, and pay any mortgage or taxes to avoid liens.
• Consult an estate or real estate attorney in New Jersey if the title is in the decedent’s name alone or if heirs disagree. An attorney can advise whether you should open probate, seek an expedited court order, or pursue another pathway.
• If you are on a short timeline because of taxes, foreclosure, or declining property condition, tell the Surrogate or your attorney — courts can sometimes expedite relief when necessary.