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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationNew Jersey

Probate in New Jersey

What New Jersey’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in New Jersey.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 18, 2026 – October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Who the Surrogate is, in one county Surrogate’s words

The Surrogate is the Judge of the Surrogate Court and is a Constitutional Officer elected every five years.

New Jersey · general information · checked October 24, 2026 · Monmouth County Surrogate, FAQs

Which courts may admit a will to probate

The will of any individual resident within any county of this State at his death may be admitted to probate in the surrogate's court of the county or in the Superior Court.

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:3-24

How soon after a death a will can be admitted to probate

No will shall be admitted to probate until after 10 days from the death of the testator;

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:3-22

Who is granted administration when there is no will, and the time the heirs have to claim it

If any person dies intestate, administration of the intestate's estate shall be granted to the surviving spouse or domestic partner of the intestate, if he or she will accept the administration,

if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogate's court may grant letters of administration to any fit person applying therefor.

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:10-2

The Surrogate’s fee to probate a will, and what it covers

Probate of a will of not more than two pages, $100.00.

The above fee is for all services in preparation and execution of complaint, filing proof of death, deposition of one witness, qualification of executor, filing power of attorney, surrogate's certificate, judgment for probate, letters testamentary

New Jersey · general information · checked October 18, 2026 · N.J.S.22A:2-30

When creditors must present a claim, and the personal representative’s protection

Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death.

the personal representative shall not be liable to the creditor with respect to any assets which the personal representative may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares, before the presentation of the claim.

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:22-4

The state estate tax, in the Division of Taxation’s words

No New Jersey Estate Tax is imposed on the estates of decedents who die on or after January 1, 2018.

New Jersey · general information · checked October 24, 2026 · NJ Division of Taxation, Inheritance Tax Rates

Compelling someone to produce a will and lodge it with the Surrogate

The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for probate, and to require the paper to be lodged with the surrogate of the county for probate.

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:3-29

Where to keep a will, in one county Surrogate’s words

Your will should be stored in a safe location that is easily accessible to your executor in the event of your death.

New Jersey · general information · checked October 24, 2026 · Monmouth County Surrogate, FAQs

The same page for other states

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FAQ

Common questions

The Surrogate is the Judge of the Surrogate Court and is a Constitutional Officer elected every five years.

New Jersey · general information · checked October 24, 2026 · Monmouth County Surrogate, FAQs

The will of any individual resident within any county of this State at his death may be admitted to probate in the surrogate's court of the county or in the Superior Court.

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:3-24

No will shall be admitted to probate until after 10 days from the death of the testator;

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:3-22

Probate of a will of not more than two pages, $100.00.

The above fee is for all services in preparation and execution of complaint, filing proof of death, deposition of one witness, qualification of executor, filing power of attorney, surrogate's certificate, judgment for probate, letters testamentary

New Jersey · general information · checked October 18, 2026 · N.J.S.22A:2-30

If any person dies intestate, administration of the intestate's estate shall be granted to the surviving spouse or domestic partner of the intestate, if he or she will accept the administration,

if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogate's court may grant letters of administration to any fit person applying therefor.

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:10-2

Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death.

the personal representative shall not be liable to the creditor with respect to any assets which the personal representative may have delivered or paid in satisfaction of any lawful claims, devises or distributive shares, before the presentation of the claim.

New Jersey · general information · checked October 18, 2026 · N.J.S.3B:22-4

No New Jersey Estate Tax is imposed on the estates of decedents who die on or after January 1, 2018.

New Jersey · general information · checked October 24, 2026 · NJ Division of Taxation, Inheritance Tax Rates

For anyone who would rather their family found it all in one place than went looking.

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