New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 6-6

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, such one of the next of kin as shall have obtained the consent in writing of the remaining next of kin, 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 personal assets are located, or before the Superior Court, the affidavit herein provided for, shall be entitled to receive the personal assets of the intestate for the benefits of all the next of kin 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, as such, may be sued and required to account as if he had been appointed administrator by the surrogate or the Superior Court, as the case may be.

In the affidavit aforesaid there shall be set forth the residence of the intestate at his death, the names, residences and relationships of all the next of kin 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 shall be filed, and the affidavit 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.