Which assets should you list on a New Jersey small estate affidavit?

Short answer: List assets that were owned solely by the decedent at death and that require a transfer through probate or an affidavit to reach heirs or personal representatives. Do not list assets that pass automatically outside probate (for example, joint accounts with right of survivorship, assets with designated beneficiaries, or property in a valid trust). When in doubt, document the asset and explain why you believe it is or is not part of the probate estate.

Detailed answer — how to decide what to list

This section explains the practical steps and legal reasoning for deciding which assets to include on a New Jersey small estate affidavit. It assumes you will use the affidavit process allowed by New Jersey courts or institutions when formal probate would be unnecessary or impractical. If you are unsure whether a particular affidavit form applies in your situation, contact the court or an attorney.

1. Understand what the small estate affidavit is for

A small estate affidavit is a sworn document used to collect or transfer certain assets of a decedent without formal administration. The affidavit gives banks, brokers, and other custodians the documentation they need to release assets. The affidavit only covers assets that are owned by the decedent (not assets that passed automatically outside probate).

2. Start by identifying who owns each asset at death

• Solely owned by the decedent: These are typically includable in the affidavit (examples: a bank account titled only in the decedent’s name; personal property such as household goods; some car titles if the vehicle was titled in the decedent’s name alone).
• Jointly owned with right of survivorship (JTWROS): These usually pass automatically to the surviving co-owner and are not part of the probate estate. For the affidavit, indicate that the account or property is jointly held and identify the surviving owner rather than claiming it as estate property.
• Accounts with beneficiary designations (payable-on-death, TOD, life insurance, IRAs, 401(k)s): These typically bypass probate and go directly to the named beneficiary. Note the beneficiary and the account’s existence on your working inventory, but list it on the affidavit only if the custodian requires the affidavit for some reason (and then note the beneficiary).
• Trust property: Assets held in a revocable or irrevocable trust are not part of the probate estate. Do not list trust assets as estate property on the affidavit; instead, provide the trust documents to the custodian.
• Real property: Real estate normally requires formal probate or specific court procedures unless state rules allow transfer by affidavit for small-value real property. Confirm whether New Jersey’s small estate procedures cover real property before attempting to transfer it by affidavit.

3. How to treat unknowns, zero-balance items, and blanks

• Zero-balance accounts or items with no value: If an account or asset existed but had zero value at death (for example, a bank account with $0 balance), you can either list it with a zero value or mark it “$0.” Listing it prevents confusion later.
• Items you don’t know the value of: Put an estimated value and label it as an estimate, or state “unknown” and attach supporting records or a note explaining why the value is unknown. Provide copies of the most recent statements if you can.
• Blanks on the affidavit form: Avoid leaving blanks that could be misinterpreted. If a section does not apply, write “N/A” or “none.” If the form requires a numeric value but the asset doesn’t belong to the estate, write “0” and add a short note (e.g., “joint account — passes to surviving co-owner”).

4. When to include an asset even if it likely passes outside probate

Sometimes institutions require more documentation than the beneficiary or co-owner can provide. If a bank or custodian asks for an affidavit to release an account even though a beneficiary or joint owner exists, list the account on the affidavit but clearly state the reason it transfers outside probate (name the beneficiary or co-owner and identify the transfer-on-death designation). Attach copies of beneficiary designations, account agreements, or title documents when available.

5. Document everything and attach proof

Include account numbers, last known balances, title documents, beneficiary designations, and any statements you have. Attach copies of death certificate pages required by banks. Institutions often need current statements or certified letters showing account status before they will accept an affidavit.

6. Common categories to include on the affidavit (and how to list them)

• Checking/savings accounts titled solely to the decedent: list with account number and balance (or estimated balance).
• Cash and personal property (furniture, jewelry): list items with estimated value and attach an inventory.
• Vehicles titled solely to decedent: list vehicle identification number (VIN) and title status; check motor vehicle agency rules for title transfer requirements.
• Brokerage accounts titled solely to decedent: list account and indicate value; attach recent statements.
• Life insurance/retirement accounts with named beneficiaries: note them as non-probate; list only if required by the custodian and include beneficiary name.
• Joint accounts or property with right of survivorship: note “joint — passes to surviving owner” and give co-owner’s name; do not claim as estate asset.
• Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations: note the beneficiary and that the asset is non-probate.

7. When not to use a small estate affidavit

A small estate affidavit is not the right tool if the estate contains significant real property, unresolved creditor issues, disputes among heirs, complex business interests, or if you cannot locate required documentation. In those situations, consult an attorney or the probate court about formal administration.

8. Practical steps to proceed

1. Gather all statements, titles, deeds, beneficiary designations, and the decedent’s ID information.
2. Make an inventory grouping items as: (A) sole-owned (probate) assets, (B) non-probate assets (joint, POD, trust), and (C) unknowns/contested items.
3. Contact institutions (banks, brokerages, MVC for vehicles) to confirm what they will accept with an affidavit and whether they require a particular form.
4. Complete the affidavit fully. Where a line does not apply, write “N/A” or “none.” Where an asset is not estate property, write a brief note to that effect rather than leaving it blank.
5. Sign the affidavit before a notary and provide required supporting documents and death certificate copies.
6. Keep copies of everything and get written confirmation from institutions that they accepted the affidavit and released the assets.

Helpful hints

• Be explicit on the form: write “N/A,” “none,” or “0” rather than leaving blanks.
• If you list a jointly owned asset, explicitly state the co-owner and the type of joint ownership (for example, joint tenancy with right of survivorship) and explain why it is not estate property.
• When in doubt, include the asset on your working inventory and attach an explanatory note on the affidavit — transparency reduces the chance a bank later demands more proof.
• Keep originals or certified copies of titles and beneficiary forms; many institutions require original documentation to release high-value assets.
• Contact the institution before you prepare the affidavit to learn their specific requirements — some banks accept a generic affidavit, others want a court-issued document.
• If you expect creditor claims, or if estate value approaches the threshold for formal probate, consult an attorney — using an affidavit in the wrong situation can create liability.
• For vehicles, check the New Jersey Motor Vehicle Commission’s requirements for transferring a title after death (the NJMVC often has specific forms and procedures).
• If beneficiary or joint-owner rights are disputed, stop and seek legal advice rather than using the affidavit.

Where to check official New Jersey resources

Official New Jersey websites provide forms, explanations, and instructions. If you need the authoritative statutory framework or court forms, start here:

• New Jersey Courts self-help resources (probate and estates): https://www.njcourts.gov/
• New Jersey statutes and searchable law (look for Title 3B – Probate and Fiduciary Law): https://www.njleg.state.nj.us/
• New Jersey Motor Vehicle Commission (for vehicle title transfer rules): https://www.state.nj.us/mvc/

When to consult an attorney

Talk with a probate attorney if any of the following apply: the estate includes real property; heirs disagree about ownership; assets are large or complex (business interests, complicated investments); there are unresolved creditor claims or tax issues; or you are unsure whether a particular asset is properly included on the affidavit. An attorney can review documents, confirm whether a small estate affidavit is appropriate, and prepare court filings if formal administration proves necessary.

Disclaimer: I am not a lawyer. This article provides general information about New Jersey procedures and is not legal advice. For advice about a specific situation, consult a licensed New Jersey attorney or the appropriate court or agency.