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A person dies in the state of New Jersey. When do you have to file form L-4?

Note: It seems to me that if all the beneficiaries are class A then there is no real need to file form L-4 because there is no tax due. However, I do not know what the law says in this case.

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When do you have to file form L-4?

When one of the conditions for Form L-4 Affidavit Requesting Preliminary Waivers: Resident Decedents are met:

  • A complete Inheritance or Estate Tax return cannot be completed yet; or

  • All beneficiaries are Class A, but estate does not qualify to use Form L-8; or

  • All beneficiaries are Class E, or Class E and Class A.

For awareness, Form L-8 Affidavit for Non-Real Estate Investments: Resident Decedents is for the release of:

  • New Jersey bank accounts;

  • Stock in New Jersey corporations;

  • Brokerage accounts; and

  • New Jersey investment bonds.

NB, L-8 cannot be used for real estate, which requires Form L-9 Affidavit for Real Property Tax Waiver Resident Decedent

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