Letters of Administration/Affidavits

When a person dies without a Last Will and Testament under New Jersey law they are determined to have died intestate. The Surrogate must determine and appoint an Administrator of the estate. The Administration must be opened in the County where the decedent resided at his/her death as documented on the Certified Death Certificate. The Administration cannot be issued until the sixth day from the date of death. The process can start before the sixth day; however, the short certificates will not be issued until the sixth day.

The right to act as an Administrator is defined by New Jersey Intestate law in the following relationship order:

FIRST - Spouse of the decedent

SECOND - Children of the decedent

THIRD - Parents of the decedent

FOURTH - Brothers and sisters of the decedent

FIFTH - Children of a deceased brother or sister

Persons having a prior or equal right to act as Administrator under the law will be required to renounce their right to act.

In smaller estates the following applications are available:

Affidavit of Surviving Spouse

Issued to the surviving spouse of the decadent if the value of the real and personal assets does not exceed $50,000

Affidavit of Next of Kin

Issued to next of kin of the decadent if the value of real and personal assets does not exceed $20,000  

Items needed to apply for Administration or Affidavits

  • Original Death Certificate with raised seal
  • Names and addresses of all next of kin
  • Renunciations from all adult persons who have prior or equal right to apply
  • List and value of all assets in decedents name alone 
  • Government form of Identification 
  • Surety Bond may be applicable 

If you have any questions regarding Administrations or Affidavits, please call 856-853-3282. 

Administration Fact Sheet

Information sheet that the person seeking to qualify for administration or the attorney can fill out. Click Here
Renunciation
The act of giving up a right. Click Here
Refunding Bond and Release
This form releases the Executor or Administrator from all claims and demands whatsoever in respect to the estate of the decedent. Click Here
Consent
The act of giving permission. Click Here