New Jersey Exempt Property and the Family Exemption

Clothing and the $5,000 property selection

The statute reserves wearing apparel as well as personal property to a value of $5,000. Section 3B:16-7 describes selection from a completed inventory. This is a property selection for family use; the statute does not describe monthly support payments.

The exemption belongs alongside the estate's property records. The selected items and their appraised values identify what the family receives and what remains in the estate. The New Jersey surviving-spouse guide explains the separate elective-share provisions. N.J.S.A. 3B:16-5 and 3B:16-7.

The will restriction

Section 3B:16-5 reserves the property against all creditors and before distribution or other disposition. The same section states that it and the related appraisal and selection provisions may not conflict with the decedent's will.

Creditor protection and the will restriction address different questions. The exemption's priority over creditors does not remove the statutory qualification about the will. A proposed selection needs both the estate inventory and the actual will to assess those questions. N.J.S.A. 3B:16-5.

Inventory and appraisal

When this exemption is to be set off, section 3B:16-2 requires an inventory and appraisal within three months after the grant of letters. The clock uses the grant of letters, rather than the date of death. The New Jersey letters-testamentary guide explains that appointment document.

Section 3B:16-3 provides for two appraisers appointed by the county Surrogate or Superior Court when the family exemption is to be set off. They must be neither interested in the estate nor related to the decedent's widow or child. The provision describes an appraisal of true and intrinsic value, without reference to a public-sale price. N.J.S.A. 3B:16-2 and 3B:16-3.

Selection and the filed list

Under section 3B:16-7, the decedent's widow or personal representative may select personal property worth $5,000 from the completed inventory. A list of the selected property attaches to the inventory. The selected property then becomes family property and remains for family use.

Section 3B:16-6 requires verification of the inventory and appraisal by oath. When property has been set off for the family, the executor or administrator also verifies the selected-property list by oath and files it with the inventory. These records document the selection; they do not replace the will restriction in section 3B:16-5. N.J.S.A. 3B:16-6 and 3B:16-7.

The New Jersey probate guide explains the broader estate process. A New Jersey probate attorney can assess the will, family-residence facts and proposed property selection for an individual estate.

Settled Estate is not a law firm. This page provides legal information. It is not legal advice.

Keep the inventory and the selected-property list distinct

The inventory identifies estate property. The selected-property list identifies the personal property set aside for the family from the completed inventory. Keeping the two documents distinct makes it possible to follow which listed items became part of the family selection.

A working comparison can place each selected item's description beside its appraised value and its entry in the inventory. That comparison is a way to organize the records; it does not replace the sworn inventory, appraisal or selected-property list described in the statute. Section 3B:16-6 separately addresses verification of the inventory and of the selected-property list. N.J.S.A. 3B:16-6 and 3B:16-7.

The clothing provision and the $5,000 personal-property selection also need separate attention. Section 3B:16-5 reserves wearing apparel as well as personal property up to the stated value. A single unexplained total can hide which property falls within each part of that wording. The completed inventory and proposed list give the personal representative and family a more specific basis for discussing the selection.

Identify the appointment and appraisal questions

Keep the grant of letters with the inventory records. The three-month rule in section 3B:16-2 refers to that grant when the family exemption is to be set off. A date taken from a different event, such as a death certificate or a first family discussion, does not identify the statutory starting event.

The appraisers' role is separate from choosing the property for family use. Section 3B:16-3 describes appointment, impartiality and valuation. Section 3B:16-7 describes selection from the completed inventory. A disagreement about an appraisal and a disagreement about the proposed selection therefore concern different steps in the statutory procedure.

For a review of the records, identify the relevant step and the documents that show it. The appointment, appraisal, inventory and selected-property list each help explain a different part of the sequence. The will restriction still applies alongside that sequence; completing an inventory does not remove the restriction stated in section 3B:16-5. N.J.S.A. 3B:16-2, 3B:16-3, 3B:16-5 and 3B:16-7.