How does probate work in New Jersey?

1. Governing Code. New Jersey Statutes, Title 3B (Administration of Estates - Decedents and Others). New Jersey has not adopted the UPC.

2. Court. Surrogate's Court in the county of the decedent's domicile handles uncontested matters; contested matters proceed to the Superior Court, Chancery Division, Probate Part (N.J.S.A. 3B:2-2).

3. Petition to Open. Application for Probate filed with the Surrogate's Court by the named executor at least 10 days after death (N.J.S.A. 3B:3-22).

4. Letters Testamentary / Letters of Administration. Issued by the Surrogate under N.J.S.A. 3B:10-1 after qualification, oath, and any required bond.

5. Notice to Creditors. New Jersey does not require published notice. Creditors generally have 9 months from the date of death to present claims before the personal representative may safely distribute (N.J.S.A. 3B:22-4).

6. Notice of Probate. Within 60 days of probate, the executor must mail Notice of Probate to beneficiaries and heirs under N.J. Court Rule 4:80-6.

7. Informal Administration. New Jersey administration is largely informal once Letters issue. The Surrogate handles routine filings; only contested matters require Superior Court intervention.

8. Summary / Small-Estate Procedure. Affidavit by surviving spouse or domestic partner under N.J.S.A. 3B:10-3 for estates up to $50,000 when there is no will and the spouse is sole heir. Affidavit by other heirs under N.J.S.A. 3B:10-4 for estates up to $20,000.

9. Closing. Informal Refunding Bond and Release filed with the Surrogate; formal accounting in the Superior Court is rarely required absent dispute.

10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship, tenancy by the entirety, POD/TOD accounts, and beneficiary designations. New Jersey does not have a TOD deed for real estate. Note: New Jersey has an Inheritance Tax (not estate tax) that applies to most non-spouse/non-lineal beneficiaries.

This is legal information, not legal advice.