New Jersey § 3a:6-5

§ 3a:6-5.

Where the total value of the real and personal assets of the estate of an intestate

will not exceed $10,000.00, 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 up to $5,000.00 of such assets shall be free from all debts of

the intestate. Upon executing the affidavit, and upon filing it, the surviving spouse 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. 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 $10,000.00,

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.