Five questions, then a step-by-step list of what to file with your
county Surrogate — what, when, where, and why, with the court rule or
statute behind each step.
What is true in almost every New Jersey estate
These do not depend on your answers, so they are here rather than five
screens in.
You do not have to wait to begin. A will cannot be admitted to
probate until 10 days after death, but the application can be filed
and everything prepared right away (N.J.S.A. 3B:3-22).
Where you go: the county Surrogate
You go to the county Surrogate, not a courthouse trial. Probate of
a will and letters testamentary or of administration are applied for
at the Surrogate’s Court of the county where the person lived
(R. 4:80-1). Most estates never see a judge.
The 60-day notice deadline
⏰ The 60-day notice is the deadline people miss. Within 60 days
after the will is probated, the personal representative must mail
written notice to every beneficiary under the will and to the people
R. 4:80-1(a)(3) lists, telling them the will was probated, where and
when, and that a copy is available (R. 4:80-6). Proof of that mailing
is then filed with the Surrogate. This is the single most commonly
missed step in an uncontested estate.
If you are not first in line
If you are not first in line, you need renunciations or notice.
When someone other than the person first entitled applies for letters,
the applicant must file renunciations from those ahead of them, or
give them notice (R. 4:80-3). A renunciation has to be acknowledged
like a deed and is recorded by the Surrogate (R. 4:96-2).
Small estates
Small estates can skip administration entirely. If there is no
will: a surviving spouse or civil-union/domestic partner may take by
affidavit where the whole estate is not more than $50,000
(N.J.S.A. 3B:10-3); with no spouse, one heir may do so with the
written consent of the other heirs where the estate is not more than
$20,000 (N.J.S.A. 3B:10-4). Both dollar figures are amended from
time to time — confirm the current threshold with your Surrogate
before relying on it.
What it costs
The fee is a formula, not a flat number. By statute probate of a
two-page will is $100 plus $5 for each additional page
(N.J.S.A. 22A:2-30), and short certificates and county charges are
extra. Anyone quoting you one round number for “probate” is
approximating — ask your Surrogate for the exact figure.
This is not legal advice. It is a map of the standard process. If
anything about the estate is contested or unusual, talk to
legal aid or a lawyer first.
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