NJ L-8 Form: How to Fill In the Self-Executing Waiver

If a New Jersey financial institution asks for an inheritance-tax release before transferring assets from a resident decedent's account, Form L-8 may be the route to use. Its current title is "Affidavit for Non-Real Estate Investments: Resident Decedents"; it is still commonly called the self-executing waiver. The official Form L-8 covers New Jersey bank accounts, stock in New Jersey corporations, brokerage accounts, and New Jersey investment bonds. It cannot be used for real estate; see /blog/nj-form-l-9 for the separate L-9 process.

Who May Use Form L-8

Part I allows the form only when the people receiving the assets listed in Part V fit one or more of these Class A groups:

• A surviving spouse.
• A surviving civil union partner, if the decedent died on or after February 19, 2007.
• A surviving domestic partner, if the decedent died on or after July 10, 2004. Qualified civil union and domestic partners must provide a legal certificate documenting their status.
• A child, stepchild, legally adopted child, or issue of a child or legally adopted child. This includes grandchildren and great-grandchildren, but not step-grandchildren or step-great-grandchildren.
• A parent or grandparent.

Mutually acknowledged children cannot use Form L-8. Siblings, in-laws, nieces and nephews, aunts and uncles, ex-spouses, step-grandchildren, and charities also are not among the eligible groups listed in Part I.

The form says it may be completed by the executor, administrator, surviving Class A joint tenant, or a Class A payable-on-death (POD) beneficiary of the assets for which release is requested. It is an affidavit, so the person signing must do so before a notary.

How to Complete Form L-8

Use the current form and complete both sides. At the top, enter the decedent's name, Social Security number, date of death, county of residence, and whether there was a will.

Part I — Eligible beneficiaries. Check every beneficiary category that applies to the people receiving the listed assets. If none applies, the form says it cannot be used.

Part II — Succession. Show how the assets pass: by survivorship or contract; because the will specifically gives these assets to a named beneficiary; or because they were not specifically devised and all beneficiaries under the will or intestate heirs-at-law are Class A. Attach the will documents when required. If no listed box applies, the form cannot be used for those assets.

Part III — Trusts and disclaimers. Answer whether any part of the listed assets passes into or through a trust, or to a beneficiary because of a disclaimer. A "Yes" means Form L-8 cannot be used.

Part IV — Estate tax. The answer must be "Yes" to at least one of the form's tests. A death on or after January 1, 2018 meets test (a). For a death from January 1 through December 31, 2017, the taxable estate must be under $2 million. For an earlier death, taxable estate plus adjusted taxable gifts must be $675,000 or less. If no test applies, the institution cannot use L-8.

Part V — Property. List each asset held by this institution, how it is registered, and its date-of-death value. Give the full date-of-death balance for bank and brokerage accounts. For stock, list the company and number of shares; for bonds, list the issuer and face value. The form requires a separate affidavit for each institution.

Part VI — Beneficiaries. Name each beneficiary of the Part V assets and give the relationship to the decedent. Use the specific relationship, such as "child," "spouse," or "grandchild"; the form says "executor," "estate," and "beneficiary" are not sufficient relationships.

Signature and Part VII — Releasing institution. The executor, administrator, or beneficiary signs the affidavit and has it notarized. The institution's representative completes Part VII, checks the answers and beneficiary relationships, then signs before releasing assets. The form does not promise immediate release or set the institution's processing time.

Attachments and Delivery

The form says to attach a complete copy of the last will, all codicils, and separate writings when the assets pass through a will. Qualified civil union and domestic partners must provide their legal certificate. The form does not list a certified death certificate, photo ID, or court appointment papers as universal L-8 attachments. Ask the institution whether it needs those separately for its own records or identity checks.

Take or send the completed form directly to the bank or other financial institution holding the assets. Do not mail it yourself to the Division of Taxation; you will not receive a separate waiver for using L-8. Part VII says the releasing institution files the signed original with the Division within five business days. The form also gives the Inheritance Tax general information number, (609) 292-5033.

If the listed assets or beneficiaries do not meet the L-8 conditions, consult the Division's inheritance-waiver guidance for the return or waiver process that applies. Form 0-1 is the Division's written consent for releasing certain property; the Division alone issues it, and you do not fill out the waiver yourself.

Other Estate Questions

Part V includes "IRA" as an example of an asset description. Separately, New Jersey's waiver guidance for transfers says a decedent's IRA or Keogh account may be moved to another account at the same bank without a waiver, and an IRA at a brokerage may be moved to another account within the same institution. That guidance does not establish a no-waiver route to a different institution, so ask the custodian what applies before arranging an external transfer.

Form L-8 concerns the tax release for the listed assets; it does not determine Medicaid estate recovery. New Jersey DMAHS says recovery may apply to Medicaid services received on or after age 55 and that its estate definition includes bank accounts, stocks, bonds, and other property. Its estate recovery information describes the program and lists (609) 588-2900 for general recovery questions.

A separate creditor rule appears in N.J.S.A. 3B:22-4: creditors must present claims in writing and under oath to the personal representative within nine months after death. That deadline is part of estate administration, not a waiting period stated on Form L-8. The L-8 only addresses release of the assets listed on the form.

For steps beyond a financial institution's release, see the New Jersey Probate Process Guide. This is general process information, not legal or tax advice. Bereavement Start Guide is not affiliated with the New Jersey Division of Taxation or any court.

See more New Jersey guides →