Short Answer

Yes — in New Jersey you can often use a small‑estate or summary affidavit procedure to collect certain personal property of a decedent without opening a formal probate estate, including when the decedent died intestate (without a will). However, this summary route applies only in limited situations: it generally covers only personal property (not real estate), is subject to a statutory dollar limit, and is not available if disputes, creditor problems, or other complications require a probate court proceeding.

How the small‑estate affidavit process works in New Jersey

The small‑estate procedure is a streamlined, out‑of‑court way for an heir or other authorized person to claim and transfer certain assets that are in the name of a deceased person. Typical features include:

• Eligibility: The total value of the decedent’s personal property that is subject to collection under the small‑estate process must fall at or below the statutory threshold. (Real estate and some other types of assets generally are excluded from the small‑estate affidavit process.)
• Who may act: A surviving spouse, next of kin, or another person entitled to inherit under intestacy rules will usually sign a sworn affidavit stating the facts and claiming the property.
• Required documents: The claimant typically provides the decedent’s death certificate, the sworn affidavit describing the assets and heirs, and identification. Banks, brokerage firms, or other holders of property will often require their own form or their own verification steps in addition to the affidavit.
• Waiting period and creditor considerations: Many jurisdictions require a short waiting period after death before the affidavit is used, and the affidavit does not eliminate creditors’ rights — outstanding debts may still have to be paid out of estate assets. If a creditor files a claim or if there are tax or debt issues, a formal administration may be required.

Because New Jersey’s rules affect what property is collectible and who may use the procedure, you should check the official New Jersey court resources and the holder’s requirements before relying on an affidavit. For general guidance from the New Jersey courts, see the New Jersey Courts self‑help pages at https://www.njcourts.gov and the New Jersey Legislature site at https://www.njleg.state.nj.us for statute references.

Common limits and exceptions — when you cannot use a small‑estate affidavit

• Real estate: Real property (land or houses) typically cannot be transferred by small‑estate affidavit and usually requires formal probate or a special court order.
• Estate value above the statutory threshold: If the decedent’s collectible personal property exceeds the state limit, formal probate or administration is required.
• Disputes among heirs or claim by an interested party: Any contest over inheritance or uncertainty about beneficiaries usually triggers the need for a probate proceeding.
• Significant creditor claims or taxes: If creditors have claims or estate tax obligations may apply, a full administration may be necessary to resolve those matters lawfully.
• Institutional reluctance: Banks, pension administrators, and other institutions sometimes decline to accept an affidavit or require a court‑issued document before releasing funds. Expect variation by holder.

Step‑by‑step practical approach

1. Identify all assets and determine whether they are personal property (bank accounts, brokerage accounts, vehicles, personal effects) or real property.
2. Estimate the total value of collectible personal property. If you are near or over the statutory threshold, plan for formal probate.
3. Gather required documents: certified death certificate, IDs, documents that show ownership (account statements, title), and records that identify heirs (birth, marriage certificates if needed).
4. Contact each asset holder (bank, brokerage, insurer) early to learn what they require to release funds. Ask whether they accept a small‑estate affidavit and what form they will accept.
5. Prepare and sign the affidavit under oath. Some banks have their own small‑estate affidavit forms you must use.
6. If any holder refuses the affidavit or if complications arise (disputes, real property, creditor claims), consult an attorney about opening formal probate.

When to choose formal probate instead

Do a formal probate/administration when any of the following apply:

• The estate includes real property to be sold or transferred.
• The estate’s collectible personal property exceeds the small‑estate dollar limit.
• There are competing claims by heirs, missing heirs, or questions about intestacy distribution.
• There are substantial creditor claims, unresolved taxes, or complex assets (business interests, multi‑state assets).
• Major financial institutions insist on probate rather than accepting an affidavit.

Helpful Hints

• Ask each bank or holder what their policy is in writing before relying on an affidavit.
• Keep a careful written inventory of assets and their values; this will help decide whether the estate is small enough for the affidavit route.
• Check whether beneficiary designations or joint ownership mean an asset passes automatically — such assets usually aren’t part of the probate estate.
• Even if you use a small‑estate affidavit, preserve receipts and records showing distributions — this protects you if heirs later dispute the transfer or creditors surface.
• If you suspect disputes, missing heirs, or creditor pressure, consult a New Jersey probate attorney early — resolving these issues after distributing assets can be costly and complicated.
• Use official New Jersey resources for current procedural guidance: New Jersey Courts (https://www.njcourts.gov) and the New Jersey Legislature (https://www.njleg.state.nj.us).

Where to get official forms and more information

New Jersey courts publish guidance and forms on their website. For statute language and official legislative text related to probate and estates, consult the New Jersey Legislature website. If you’re unsure which procedure applies to your situation, contact the probate division of the county Superior Court or a licensed New Jersey attorney for advice tailored to your facts.