Probate and Recording Deeds in Union County (Elizabeth), New Jersey

Where to file a will or open probate, and where to record a deed, in Union County (Elizabeth) — with the state rules that apply.

Probate court

Union County Surrogate's Court

Address: 2 Broad Street, Old Annex, Second Floor, Elizabeth, NJ 07207 (by appointment only)

Phone: 908-527-4280

Recording deeds

Union County Clerk (Recording Office)

Recording fee: Deed: $45.00 first page (including tax abstract), $10.00 each additional page Fee schedule

New Jersey rules that apply

Small estate affidavit	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. These limits apply to deaths on or after January 19, 2016. Source: N.J.S. 3B:10-3, 3B:10-4 (as amended by P.L.2015, c.232)
Signing and recording a deed	The person signing a deed must acknowledge it before an officer authorized under R.S. 46:14-6.1, in person or by approved communication technology; alternatively, a subscribing witness may prove the deed before such an officer. The officer signs a certificate of acknowledgment; a seal is not required. Deeds are recorded with the county recording officer, where the seller (grantor) pays the realty transfer fee — a basic fee of $1.75 per $500 of consideration, plus additional fees on higher-value transfers. Transfer fee: https://lis.njleg.state.nj.us/nxt/gateway.dll?f=xhitlist&xhitlist_q=%2246%3A15-7%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 — some transfers are exempt or partly exempt. Re-verified 2026-10-27. Source: R.S. 46:14-2.1; N.J.S. 46:15-7

Small estate affidavit

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.

These limits apply to deaths on or after January 19, 2016.

Source: N.J.S. 3B:10-3, 3B:10-4 (as amended by P.L.2015, c.232)

Signing and recording a deed

The person signing a deed must acknowledge it before an officer authorized under R.S. 46:14-6.1, in person or by approved communication technology; alternatively, a subscribing witness may prove the deed before such an officer. The officer signs a certificate of acknowledgment; a seal is not required. Deeds are recorded with the county recording officer, where the seller (grantor) pays the realty transfer fee — a basic fee of $1.75 per $500 of consideration, plus additional fees on higher-value transfers.

Transfer fee: https://lis.njleg.state.nj.us/nxt/gateway.dll?f=xhitlist&xhitlist_q=%2246%3A15-7%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 — some transfers are exempt or partly exempt. Re-verified 2026-10-27.

Source: R.S. 46:14-2.1; N.J.S. 46:15-7

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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.