TN 8 (03-13)

GN 02315.068 New Jersey Small Estates

Citations:

New Jersey Title 3B Administration of Estates – Decedents and Others

A. Background for New Jersey small estate statute

The New Jersey statutes relating to small estates provide the procedures that individuals may use to settle small estates without formal administration. For purposes of receiving Title II or Black Lung payments, we consider an individual authorized to act pursuant to these procedures an estate “legal representative”.

B. Policy for New Jersey statute

1. Surviving spouse or domestic partner collects assets less than $20,000

A surviving spouse or domestic partner may collect assets due the estate of the deceased, if the deceased died without a will and the total value of the real and personal assets of the estate does not exceed $20,000. The surviving spouse or domestic partner must execute and file an affidavit with the appropriate surrogate or court outlined in the statute. The person making the affidavit shall state in the affidavit that he or she is the surviving spouse or domestic partner of the decedent, and that the value of the decedent’s real and personal assets will not exceed $20,000. The affidavit shall also identify the residence of the decedent at the time of death, and the nature, location and value of the decedent’s real and personal assets. (N.J. STAT. ANN. § 3B:10-3 (2011)).

2. Heirs collect assets less than $10,000

Where there is no surviving spouse or domestic partner, one of the decease’s heirs may collect the assets due the estate if the deceased died without a will and the total value of the real and personal assets of the estate does not exceed $10,000. The heir must obtain the consent in writing of the remaining heirs and must execute and file an affidavit with the appropriate surrogate or court outlined in the statute. The affidavit must set forth the residence of the decedent at the time of death, the names, residences and relationships of all of the heirs, the nature, location and value of the real and personal assets, and a statement that the value of the real and personal assets will not exceed $10,000.00. (N.J. STAT. ANN. §3B:10-4 (2011).

C. Procedure for certifying payment

We may certify payment to the individual upon his or her presentation for retention by SSA of:

  • A copy of the affidavit marked a “true copy” by the surrogate or the clerk of the court. (N.J. STAT.­ ANN. § 3B:10-5 (2011)).

  • A completed SSA-795, Statement of Claimant or Other Person, with a statement that the individual is, pursuant to the requirement of the N.J. STAT. ANN. § 3B:10-3 or N.J. STAT. ANN. § 3B:10-4, as applicable, authorized to apply for any underpayment on the account of the decedent, and will, upon receipt of payment, give SSA a receipt; or

  • Proof of decedent’s death, if not already previously submitted to SSA.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202315068
GN 02315.068 - New Jersey Small Estates - 03/28/2013
Batch run: 03/28/2013
Rev:03/28/2013