How Probate Works in New Jersey

For estates with no will, the Surrogate affidavit procedures above replace full administration: up to $50,000 for a surviving spouse or partner, and up to $20,000 for an heir (with the other heirs' written consent) when there is no surviving spouse or partner.

Creditors must present claims to the personal representative in writing and under oath within 9 months after the date of death, stating the amount and details. A personal representative who distributes or pays out assets before a late claim is presented is not liable to that creditor for those assets.

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.

Only when there is no will. If the total real and personal assets do not exceed $50,000, the surviving spouse, civil union partner or domestic partner may sign an affidavit before the county Surrogate (or the Superior Court) and take all the assets without administration; assets up to $10,000 are free of the deceased person's debts. If there is no surviving spouse or partner and the total assets do not exceed $20,000, one heir who has written consent from the other heirs may sign an affidavit before the Surrogate and collect the assets for the benefit of all heirs and creditors, without a bond. Both affidavits list the nature, location and value of the real and personal assets, so real estate counts toward the limit. The person signing gets the powers and duties of an administrator.

Uncontested probate and estate matters are handled by the Surrogate's Court in each county, headed by the elected County Surrogate, who also serves as deputy clerk to the Superior Court's Probate Part. The Surrogate's Court is the filing court for Probate Part actions. For wills and estate records, contact the Surrogate's office in the county where the estate was opened; the Judiciary publishes a roster of county surrogates.