Fill and Sign the New Jersey Estate Form

NEW JERSEY SMALL ESTATE TRANSFER OF ASSETS WITHOUT ADMINISTRATION Control Number NJ-ET10 Instructions Forms Included: Form One – Affidavit of Surviving Spouse Form Two – Authorization to Accept Service of Process Form Three - Affidavit of Next of Kin Form Four - Authorization to Accept Service of Process Form Five - Consent to Next of Kin NOTE: If the Decedent left a surviving spouse, use Forms One and Two. If there is no surviving spouse and an heir of the decedent wishes to proceed, use Forms Three, Four and Five. SURVIVING SPOUSE: Where the total value of the real and personal assets of the estate of an intestate will not exceed $20,000.00, the surviving spouse upon the execution of an affidavit before the surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the assets are located, or before the Superior Court, shall be entitled absolutely to all the real and personal assets without administration, and the assets of the estate up to $5,000.00 shall be free from all debts of the intestate. Step One: Complete and file Form One, Affidavit of Surviving Spouse. Form One should be signed before the Surrogate of the County of residence of the decedent. Letters Surviving Spouse will entitle the surviving spouse to all of the rights, powers and duties of an administrator duly appointed for the estate. Form One must be filed and recorded in the office of the surrogate of the county in which the decedent resided or, if the proceeding is before the Superior Court, in the office of the clerk of that court. Where the surviving spouse is domiciled outside this State, upon written request the surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by statute to take acknowledgments or proofs. Step Two: If the Surviving Spouse resides outside New Jersey, complete and file Form Two Authorization to Accept Service of Process. Form Two appoints the County Surrogate as agent for acceptance of service of process as to any matters regarding the estate after the Letters Surviving Spouse have been issued. SURVIVING NEXT OF KIN: Where the total value of the real and personal assets of the estate of an intestate will not exceed $10,000.00 and the intestate leaves no surviving spouse, and one of his heirs shall have obtained the consent in writing of the remaining heirs, if any, and shall have executed before the surrogate of the county where the intestate resided at his death, or, if then nonresident in this State, where any of the intestate's assets are located, or before the Superior Court, the affidavit herein provided for, shall be entitled to receive the assets of the intestate for the benefit of all the heirs and creditors without administration or entering into a bond. Step One: Complete and file Forms Three and Four. Upon executing Form Three, Affidavit of Next of Kin before the Surrogate of the County in which the Decedent resided, and upon filing it and Form Four, the Consent to Next of Kin, the affiant shall have all the rights, powers and duties of an administrator duly appointed for the estate and may be sued and required to account as if he had been appointed administrator by the surrogate or the Superior Court. Forms Three and Four shall be filed and recorded, in the office of the surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court. Where the affiant is domiciled outside this State, the surrogate may authorize in writing that the affidavit be executed in the affiant's domicile before any of the officers authorized by statute to take acknowledgments or proofs. Step Two: If the affiant Next of Kin resides outside New Jersey, Complete and file Form Five Authorization to Accept Service of Process. Form Five appoints the County Surrogate as agent for acceptance of service of process as to any matters regarding the estate after the Letters Next of Kin have been issued. FORM ONE AFFIDAVIT OF SURVIVING SPOUSE Docket No.: _____________ State of New Jersey __________________ County Surrogate’s Court In the matter of the Estate } SS. AFFIDAVIT OF SURVIVING SPOUSE ______________________________ , Deceased I, ____________________________________ , being duly sworn according to law on oath, depose and say: 1. I reside at: Street Address/P.O. Box: ________________________________________________ City: ______________________________ County: ______________________________ State: __________________ 2. I am the spouse of decedent who departed this life on or about the ______ day of __________________ , 20 ______ , a resident of __________________ County without leaving a Will; that the entire estate, both real and personal, of said decedent does not exceed the sum of twenty thousand ($20,000.00) dollars consisting of assets of the following nature, value and location: Asset Description Value Location                                                                                                                               The deponent is therefore entitled to same without Letters of Administration, in accordance with N.J.S.A. 3B: 10-3 Laws of New Jersey. Signature of Deponent       Type or Print Name State of New Jersey County of ________________________ I CERTIFY that on the ______ day of __________________ , 20 ______ , the deponent, ____________________________________ , personally came before me and acknowledged under oath to my satisfaction, that this person: a) is named in and personally signed the attached document; and b) signed and delivered this document as his/her act and deed; and Notary Public My commission expires:       Type or Print Name FORM TWO AUTHORIZATION TO ACCEPT SERVICE OF PROCESS Docket No.: _____________ State of New Jersey __________________ County Surrogate’s Court In the matter of the Estate } AUTHORIZATION TO ACCEPT SERVICE OF PROCESS________________________ , Deceased To the Surrogate of the County of __________________ : The undersigned petitioner(s) for Letters Surviving Spouse hereby constitute the Surrogate of __________________ County and their successors in office my true and lawful attorney upon whom all original process in any action at law or equity against the above estate may be served. It is agreed that any original process so served against the above estate, shall be of the same force and effect as if duly served on me within this State. Dated: Signed, sealed and delivered in the Presence of: } Name Address Name Address FORM THREE AFFIDAVIT OF NEXT OF KIN Docket No.: _____________ State of New Jersey __________________ County Surrogate’s Court In the matter of the Estate } AFFIDAVIT OF NEXT OF KIN ________________________ , Deceased I, ________________________ , of full age, being sworn upon my oath according to law, deposes and says: 1. I reside at ____________________________________________________________ 2. Decedent departed this life on ________________________ without leaving a Will. 3. Decedent resided at his death at ____________________________________________________________ in the County of ________________________ and State of New Jersey. 4. The names, residences and relationship of all the next of kin of said decedent are as follows: Name Relationship Residence Age of all Minors The real and personal estate of said decedent does not exceed in value the sum of ten thousand ($10,000.00) dollars consisting of assets of the following nature, value and location: Asset Description Value Location I have presented for filing the consent of all of said next of kin who have capacity to consent and am therefore entitled to said personal assets without Letters of Administration in accordance with N.J.S.A. 3B: 10-4. Signature of Deponent       Type or Print Name State of New Jersey County of __________________ I CERTIFY that on the ______ day of __________________ , 20 ______ , the deponent ____________________________________ personally came before me and acknowledged under oath to my satisfaction, that this person: a) is named in and personally signed the attached document; and b) signed and delivered this document as his/her act and deed; and Notary Public My commission expires:       Type or Print Name FORM FOUR AUTHORIZATION TO ACCEPT SERVICE OF PROCESS Docket No.: _____________ State of New Jersey __________________ County Surrogate’s Court In the matter of the Estate } AUTHORIZATION TO ACCEPT SERVICE OF PROCESS________________________ , Deceased To the Surrogate of the County of __________________ : The undersigned petitioner(s) for Letters Next of Kin hereby constitute the Surrogate of __________________ County and their successors in office my true and lawful attorney upon whom all original process in any action at law or equity against the above estate may be served. It is agreed that any original process so served against the above estate, shall be of the same force and effect as if duly served on me within this State. Dated: Signed, sealed and delivered in the Presence of: } Name Address             Name Address             FORM FIVE CONSENT TO NEXT OF KIN Docket No.: _____________ State of New Jersey __________________ County Surrogate’s Court In the matter of the Estate } CONSENT to NEXT OF KIN__________________ , Deceased To: ____________________________________ , Surrogate of the County of __________________ Name Relationship Residence Age of all Minors                                                                                                                         The next of kin of ____________________________________ (Name) who died intestate, hereby consent to having ____________________________________ (Name) a __________________ (Relationship) of said decedent executed the necessary affidavit in order to collect the estate of said ____________________________________ which does not exceed $10,000.00, for the next of kin and creditors of said estate. Signed, sealed and delivered in the presence of ____________________________________ } Signatures: ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________