State Unemployment Benefits in New Jersey

Reporting a death

R.S. 43:21-16(i) has NJDOL receive death record notifications electronically from the New Jersey Electronic Death Registration System and run its own verification so benefits are not paid to deceased individuals.¹

There is no separate death-notification step for the family and no dedicated death-reporting hotline. The estate representative or family member starts the payout by completing Form B-40 and emailing it with supporting documents to CollateralClaims@dol.nj.gov.²

Benefits at and after the death

When a claimant dies before receiving benefits they were due, the final payment is collected by filing Form B-40, Affidavit for Claiming Benefits Due a Deceased Person.³

N.J.A.C. 12:17-7.3(d) ends the assignment of dependents to a claim that included a dependency allowance as of the date of the claimant's death.⁴

An unemployed spouse or civil union partner of the deceased claimant may then claim a dependency allowance for the same eligible dependents on their own claim.⁴

Who may claim a final payment

The spouse, next of kin, or executor or administrator of a claimant who died before receiving benefits he or she was due may file Form B-40.³

Documents for a final payment

Form B-40 Parts A, B and F apply where there is no will, a surviving spouse is claiming and the estate, including the benefits claimed, is not over $10,000. Parts A, C and F apply where there is no will, no surviving spouse and next of kin claims an estate not over $5,000.³

Parts A, D and F apply where there is any will or the estate is over $5,000, with certified Letters from the New Jersey county Surrogate. Parts A, E and F apply where the decedent lived outside New Jersey, with certified Letters from the proper authority in that state.³

Overpayments

If NJDOL had found the claimant overpaid, the estate does not have to repay it. R.S. 43:21-16(d)(4) requires the Director to grant a full waiver of recovery where the claimant is deceased, provided the claimant did not misrepresent or withhold a material fact to obtain the benefits.¹

N.J.A.C. 12:17-14.2 lets the claimant's representative make the waiver request.⁴

Claimant portal

The claimant portal is myunemployment.nj.gov.⁵

Governing law: R.S. 43:21-16(d)(4)(A), (i); N.J.A.C. 12:17-14.2, 12:17-7.3

County Surrogate

The small-estate affidavit and Letters of Administration or Letters Testamentary, in the county where the deceased lived³

1. 1.Unemployment Compensation Law, R.S. 43:21-1 et seq. (NJDOL compilation)
2. 2.Forms (New Jersey Division of Unemployment Insurance)
3. 3.Form B-40, Affidavit for Claiming Benefits Due a Deceased Person (B-40 (R-5-01))
4. 4.N.J.A.C. 12:16 to 12:21 (NJDOL compilation)
5. 5.Unemployment Insurance (New Jersey Department of Labor and Workforce Development)