New Jersey probate guide

Probate process in New Jersey

New Jersey probate is opened with the county Surrogate's Court. The Affidavit of Surviving Spouse covers estates of $50,000 or less when there is a surviving spouse or domestic partner; the Affidavit of Next of Kin covers estates of $20,000 or less otherwise. Filing fees typically range from about $100 for short wills up to $350+ for larger estates. New Jersey does NOT have a real-property TOD deed statute.

New Jersey probate at a glance

Court
Surrogate's Court (county)
Typical timeline
24–52 weeks
Filing fee
$100–$350
Small-estate threshold
$50,000
TOD deed allowed?
No
Bond required by default?
No
Statute
N.J. Stat. Ann. §§ 3B:1-1 et seq.

Source: www.njcourts.gov. Fees and thresholds change — verify with your county court before filing.

How New Jersey probate works, step by step

  1. 1File application with the county Surrogate's Court
  2. 2Surrogate issues letters testamentary or of administration
  3. 3Mail notice of probate to beneficiaries within 60 days
  4. 4Pay debts, New Jersey inheritance/estate taxes, and allowances
  5. 5File informal accounting and distribute the residue

Probate by county in New Jersey

Filing fees, court contacts, and process detail for 6 New Jersey counties:

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed New Jersey probate attorney for advice specific to your situation.