New Jersey Probate Court

Probate is the legal process of overseeing a deceased person's estate. This involves confirming a will, selecting an executor, paying debts, and distributing assets. Every state has its probate laws, and New Jersey's probate process is different since it involves submitting filings to each county's Surrogate's Court. Also, the state has a simplified process for small estates that allows heirs to transfer property easily.

How the Probate Process Works in New Jersey

To begin the probate process, an individual files a petition with the Surrogate’s Court in the county where the decedent was living. When there is a will, the court authenticates the will and issues Letters Testamentary to the executor. When there is no will, the court issues “Letters of Administration” to a representative as appointed by the court. After letters are issued, the executor notifies heirs and creditors, prepares the inventory of assets, settles debts and taxes, and distributes the remaining property.

In New Jersey, an uncontested will can be admitted to probate in days. More complex or contested estates may be transferred to the Probate Part of the Superior Court, the Chancery Division, for judicial supervision. Most probate cases are completed in 9 to 12 months, but litigation may prolong the process.

What Are the Costs of Probate in New Jersey?

Probate costs in New Jersey include filing fees, executor commissions, and attorney costs. Surrogate Court filing fees usually begin at approximately $100, and there may be a small amount of variation from county to county. The rate for the executor's commission is statutory: 5% for the first $200,000, 3.5% for the next $800,000, and 2% for anything over $1 million. Attorney fees can greatly differ (they usually charge hourly or occasionally a flat fee for standard probate services). Other fees may include publication notice(s), appraisals, and accounting fees.

Types of Probate Cases in New Jersey

New Jersey recognizes multiple probate categories, including:

• Testate Probate: This is the legal process of settling a deceased person’s will when they have left a valid will.
• Intestate Probate: If no will exists, the deceased person’s property is distributed under state intestacy law.
• Uncontested Probate: This is a routine probate handled at the Surrogate’s Court without hearings.
• Contested Probate: When a probate matter is contested, the case is transferred to the Superior Court Probate Part.
• Small Estate Affidavit: This document allows for simplified transfer of estates without a formal probate proceeding. For a surviving spouse, the limit is $50,000, while the limit for other heirs is $20,000.

New Jersey Probate Court Forms and Filing Instructions

Forms for probate proceedings can be obtained from each county surrogate’s office or downloaded from the New Jersey Courts website. These forms include petitions for probate, renunciations, affidavits of surviving spouse or heir, and inventories. Nonetheless, requirements for filing a probate case may vary by county, so individuals should consult the local surrogate’s office for guidance.

How New Jersey Probate Courts Work at the County Level

New Jersey has 21 counties, each with a Surrogate’s Court that handles initial probate filings. Below are the Surrogate’s Court in 10 most populous counties and how they administer probate:

• Bergen County Surrogate’s Court (Hackensack) – This is one of the busiest surrogate courts that offers online case tracking.
• Middlesex County Surrogate’s Court (New Brunswick) – This court provides detailed probate filing guides. Additionally, it offers resources in multiple languages to a wide range of individuals.
• Essex County Surrogate’s Court (Newark) – This court processes a high volume of contested probate cases.
• Hudson County Surrogate’s Court (Jersey City) – Anyone can search for probate records at the Surrogate’s Office.
• Monmouth County Surrogate’s Court (Freehold) – Offers both in-person and mail-in probate filing options to petitioners.
• Ocean County Surrogate’s Court (Toms River) – This court offers streamlined services for uncontested wills.
• Union County Surrogate’s Court (Elizabeth) – This court transfers probate filings to the Superior Court if disputes arise.
• Camden County Surrogate’s Court (Camden) – Individuals can find instructions for filing probate matters through the court’s website or at the courthouse.
• Passaic County Surrogate’s Court (Paterson) – This court provides guidance and handbooks to assist executors with the probate process.
• Morris County Surrogate’s Court (Morristown) – This court maintains helpful resources, including videos, to assist individuals navigating the probate process.

How to Search Probate Records in New Jersey

In each county, the Surrogate’s Court also maintains probate records. Moreover, probate records that are accessible to the public generally contain the deceased person’s name, case number, executor or administrator, heirs, and estate inventories. Although many Surrogate’s Offices provide in-person access to records, larger counties like Bergen, Essex, and Middlesex offer limited online record searches. Some records may be restricted from public disclosure for confidential reasons, but individuals can obtain certified copies of publicly available probate documents for a fee.