Affidavits

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The Passaic County Surrogate's Court is by appointment only.  If you need an appointment, please click below to schedule.
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Affidavit in Lieu of Administration

1. If there is no Will, and the decedent is survived by a spouse, and the estate is under $50,000.00 and held in the decedent's name alone and not held jointly with a living person, a "Surviving Spouse" affidavit can be issued by the Surrogate.

2. If there is no Will, and the decedent is survived by heirs, and the estate is under $20,000.00 and held in the decedent's name alone and not held jointly with a living person, a "next of kin" affidavit can be issued by the Surrogate to one of the surviving next-of-kin upon receipt of consent forms from all other surviving heirs.

Both procedures can only be done when the decedent did not have a will.  If there is a will, it must be probated.  Learn more about Probate of a Will

You can make an appointment for our Paterson office using the link above or visit one of our Night Court locations

Payment must be made by cash or check; credit cards are not accepted.  Please make checks payable to Passaic County Surrogate Court.

No two estates are identical, so procedure and costs vary.  Surrogate Fees

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