How to confirm whether a decedent’s bank accounts fall under New Jersey’s $20,000 small‑estate limit
Detailed Answer — determining whether the $20,000 small‑estate limit applies
In New Jersey, there is a simplified collection process for small estates of limited value. The process applies to personal property (for example, bank accounts held in the decedent’s name) when the total personal property subject to administration does not exceed the statutory limit. To use the small‑estate process you must first figure out which accounts and other personal property belong to the estate and then determine their value as of the date of death.
Key legal reference: the New Jersey small‑estate/collection procedure appears in the New Jersey statutes. See the statute governing collection of small estates: N.J.S.A. 3B:22‑1. For practical court forms and guidance see the New Jersey Courts self‑help pages on small estates: NJ Courts — Small Estate Information.
Step‑by‑step: how to confirm whether bank accounts count toward the $20,000 limit
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Identify every account and its title.
List all deposit and brokerage accounts the decedent owned. For each account determine how the account is titled: (a) solely in the decedent’s name, (b) jointly with rights of survivorship, (c) payable‑on‑death (POD)/transfer‑on‑death (TOD) to a named beneficiary, or (d) owned by or in a trust. Only assets that are owned by the decedent individually (and not passing automatically by survivorship, POD, or trust) are normally counted as part of the estate for the small‑estate threshold.
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Gather documentation you can use to verify balances.
Collect the most recent bank statements, account numbers, checkbooks, cancelled checks, online account screenshots, and the decedent’s tax returns. These documents help you identify institution names and approximate balances.
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Contact each financial institution and ask for the balance as of date of death.
Call or visit the branch and explain you are trying to determine whether the account is part of the estate. Expect the bank to require a certified death certificate and ID before they release any detailed information. When you talk with the bank, ask three questions: (1) how the account is titled; (2) whether there is a POD, TOD, or beneficiary designation; and (3) what the confirmed balance was on the date of death (or as close to it as they can provide). The date‑of‑death value is what matters for the small‑estate calculation.
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Exclude assets that pass outside probate.
Accounts that are jointly owned with right of survivorship typically pass automatically to the surviving joint owner and usually are not part of the probate estate. POD/TOD accounts and assets held in a living trust normally pass to the named beneficiary or trust without being counted toward the small‑estate limit. Retirement accounts and life insurance with a designated beneficiary also generally pass outside probate. Make sure you get confirmation from the institution about whether the funds will be released directly to a named payee.
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Sum the value of assets that are actually part of the probate estate.
After excluding nonprobate assets, add up the balances of accounts titled solely in the decedent’s name and any other personal property that must be administered. If the total personal property subject to administration is $20,000 or less, the small‑estate affidavit or other simplified collection method may be available.
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Keep in mind what the $20,000 test covers and exceptions.
The $20,000 threshold applies to personal property subject to collection under the small‑estate procedure. Real estate is not collected through the small‑estate affidavit and is treated differently. Also note that some debts, liens, or secured claims may affect what can actually be distributed even if the gross account balances are under $20,000. If you plan to use a statutory affidavit or court form, the institution or court will want an accurate date‑of‑death valuation.
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If the bank refuses to provide balances or information.
Financial institutions often require proof of your authority to act (for example, formal appointment as executor or administrator) before releasing account details. Start by providing a certified death certificate and identifying yourself and your relationship to the decedent. If the bank still refuses, you can often use the small‑estate affidavit or an order from the Surrogate’s Court to collect funds. Contact the county Surrogate or the New Jersey Courts self‑help resources for the correct forms and local procedures: NJ Courts — Surrogate’s Offices.
Using the small‑estate collection procedure
If, after excluding nonprobate assets, the total qualifying personal property is within the statutory limit (generally $20,000), you can typically use the statutory affidavit or other simplified method to collect those funds without formal probate administration. The affidavit requires attaching a certified copy of the death certificate, statements of the assets and balances as of date of death, and sworn statements about heirs and creditors.
Because procedures, forms, and local practices vary, consult the Surrogate’s Office in the county where the decedent lived or the New Jersey Courts self‑help page for forms and instructions: NJ Courts — Small Estate Information. If any doubts or disputes exist about ownership, beneficiary designations, or creditor claims, seek legal advice before distributing funds.
Important: This summary is educational only. It does not substitute for reviewing the statute and the local court rules or for getting legal advice.
Helpful Hints
- Start by locating the certified death certificate — banks almost always require it before discussing or releasing funds.
- Look through mail, email, and the decedent’s files for bank statements, online account information, and beneficiary designations.
- Check whether each account is titled jointly, has POD/TOD, or is owned by a trust — these usually remove the asset from the probate count.
- Ask the bank for the balance as of the date of death (not just the most recent statement) — courts use date‑of‑death values.
- Check other places where money may be held: brokerage accounts, safe‑deposit boxes, credit unions, and uncashed paychecks.
- Search credit reports or call the decedent’s employer, accountant, or financial advisor to uncover hidden accounts.
- If you cannot get needed information from a bank, the county Surrogate’s Office can explain local small‑estate forms and when a court order may be needed.
- If there is any disagreement among heirs or uncertainty about ownership, consult an attorney before using or distributing funds.