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Letters Testamentary in New Jersey

How the New Jersey probate court issues letters testamentary or letters of administration, and what you need to apply.

Short answer: Letters of general administration (when there is no will) may be granted by the Surrogate's Court of the county where the decedent lived at death, or by the Superior Court. N.J.S. 3B:10-1, 3B:3-22, 3B:15-1

Letters testamentaryLetters of general administration (when there is no will) may be granted by the Surrogate's Court of the county where the decedent lived at death, or by the Superior Court. A will cannot be admitted to probate until 10 days after the death. Bond is generally required for administrators (except a surviving spouse who takes the whole estate) and for non-resident executors unless the will waives security.
Bond: https://lis.njleg.state.nj.us/nxt/gateway.dll?f=xhitlist&xhitlist_q=%223B%3A15-1%22&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_d=&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu Probate timing: https://lis.njleg.state.nj.us/nxt/gateway.dll?f=xhitlist&xhitlist_q=%223B%3A3-22%22&xhitlist_x=advanced&xhitlist_s=relevance-weight&xhitlist_mh=99999&xhitlist_d=&xhitlist_hc=%5BXML%5D%5BKwic%2C3000%5D&xhitlist_xsl=xhitlist.xsl&xhitlist_vpc=first&xhitlist_vps=20&xhitlist_sel=title%3Bpath%3Bcontent-type%3Bhome-title%3Bitem-bookmark%3Btitle-path%3Bhit-context&vid=Publish%3A10.1048%2FEnu. Re-verified and corrected 2026-10-27.
Source: N.J.S. 3B:10-1, 3B:3-22, 3B:15-1
Who can be executorBond is required when the court or Surrogate appoints someone not named in the will, appoints a substitute, or grants administration (except to a surviving spouse who takes the whole estate). A non-resident executor must post bond unless the will says no security is required. Bond may be required even if the will waives it when a beneficiary has a developmental disability, unless an exception applies (for example, the estate is $25,000 or less or the applicant is a close family member). A fiduciary may ask to have the bond waived or reduced for good cause.
Re-verified 2026-10-27.
Source: N.J.S. 3B:15-1

More New Jersey estate law

FAQ

How do I get letters testamentary in New Jersey?
Letters of general administration (when there is no will) may be granted by the Surrogate's Court of the county where the decedent lived at death, or by the Superior Court. A will cannot be admitted to probate until 10 days after the death. Bond is generally required for administrators (except a surviving spouse who takes the whole estate) and for non-resident executors unless the will waives security.
Who can be an executor in New Jersey?
Bond is required when the court or Surrogate appoints someone not named in the will, appoints a substitute, or grants administration (except to a surviving spouse who takes the whole estate). A non-resident executor must post bond unless the will says no security is required. Bond may be required even if the will waives it when a beneficiary has a developmental disability, unless an exception applies (for example, the estate is $25,000 or less or the applicant is a close family member). A fiduciary may ask to have the bond waived or reduced for good cause.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.