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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40122
Experience:  Texas lawyer for 30 years in Estate law
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I live in Southern NJ. My husband recently passed away

Customer Question

Hello, I live in Southern NJ. My husband recently passed away leaving an outstanding balance on a vehicle in his name only. I would like to keep the car, pay off the outstanding balance-9,271.87 and sign it over to my daughter. Is this a possible alternative and if so, what is the process?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA.I am Ray and will be the expert helping you today.

Yes you can do this by summary administration filed in your county where husband deceased.This is the simplest kind of probate, once approved by the court, you take the orders to dmv to transfer title.

Law for reference.

Under New Jersey statute, where as estate is valued at less than $20,000, a surviving spouse may present an affidavit of a small estate before the Superior Court. Upon the execution and filing of the affidavit, the surviving spouse shall have all of the rights, powers and duties of an administrator duly appointed for the estate.

New Jersey:
New Jersey requirements are set forth in the statutes below.

TITLE 3B ADMINISTRATION OF ESTATES–DECEDENTS AND OTHERS

3B:10-3. When spouse entitled to assets without administration

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. Upon the execution and filing of the affidavit as provided in this section, the surviving spouse shall have all of the rights, powers and duties of an administrator duly appointed for the estate. The surviving spouse may be sued and required to account as if he had been appointed administrator by the surrogate or the Superior Court. The affidavit shall state that the affiant is the surviving spouse of the intestate and that the value of the intestate’s real and personal assets will not exceed $20,000.00, and shall set forth the residence of the intestate at his death, and specifically the nature, location and value of the intestate’s real and personal assets. The affidavit shall be filed and recorded in the office of such 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 R.S. 46:14-7 and R.S. 46:14-8 to take acknowledgments or proofs.

L.1981, c. 405, s. 3B:10-3, eff. May 1, 1982. Amended by L.1983, c. 246, s. 1, eff. July 7, 1983.

3B:10-4. When heirs entitled to assets without administration

Where the total value of the real and personal assets of the estate of an intestate will not exceed $5,000.00 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 of the benefit of all the heirs and creditors without administration or entering into a bond. Upon executing the affidavit, and upon filing it and the consent, he 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.

The affidavit shall set forth the residence of the intestate at his death, the names, residences and relationships of all of the heirs and specifically the nature, location and value of the real and personal assets and also a statement that the value of the intestate’s real and personal assets will not exceed $5,000.00.

The consent and the affidavit 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 R.S. 46:14-7 and R.S. 46:14-8 to take acknowledgments or proofs.

Form for you here..

http://secure.uslegalforms.com/cgi-bin/forms/continue-category.pl?nx4pAAdKhCeh6tye6tnwKcc6tZBhCKhCehB6tye6tn7wwK4A66tAheVwmrmBhC4KhCmpAr6tye6tqehi6t1eh4BehA6ooq1xWqReS

This should allow you to resolve this and transfer tittle to the car.You will get a release of lien when you pay that off, the lender completes this and files it with dmv to release the lien.

I appreciate the chance to help you today.I am so sorry for your loss of spouse.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Summary..

New Jersey has a simplified probate process for small estates. To use it, an executor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the executor to distribute the assets without having to jump through the hoops of regular probate.

You can use the simplified small estate process in New Jersey if:

1. There is no valid will and the value of all property doesn't exceed $20,000. The surviving spouse or domestic partner is entitled to all of it without probate. N.J. Stat. Ann. § 3B:10-3.

or

2. There is no valid will, the value of all property doesn't exceed $10,000, and there is no surviving spouse or domestic partner. One heir, with the written consent of the others, can file an affidavit with the court and receive all the assets. N.J. Stat. Ann. § 3B:10-4.

The forms above will allow you to complete the summary administration and receive title to the car.

Thanks again.

Expert:  RayAnswers replied 1 year ago.

Once you get order of summary administration you take it to dmv here's a step by step.

http://www.davnj.org/Reference/TransferofRegistrationonDeathofOwner.pdf