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Probate in New Jersey · 21 counties

New Jersey Probate Courts

Estates here go through the County Surrogate's Court / Superior Court (Chancery Division - Probate Part). Pick a county on the map or search below — each record shows where to file and where every detail comes from.

Small-estate limit
$50,000
No statutory wait
Death taxes
Yes
Inheritance tax on heirs
Executor fee
Statute
Percentage set by statute
Handwritten wills
Valid
Unwitnessed, in testator’s hand
Plate · NJ

Every New Jersey county, on one map

Population, low → high courthouse probate office checked
§ I

New Jersey probate rules

Court
County Surrogate's Court / Superior Court (Chancery Division - Probate Part)In New Jersey, uncontested probate is handled by the County Surrogate in each of the 21 counties. Contested matters transfer to the Superior Court, Chancery Division, Probate Part.
Small estates
$50,000 for surviving spouse; $20,000 for other heirsN.J.S.A. § 3B:10-3 (Spouse) & § 3B:10-4 (Heirs)
Filing the will
Cannot admit will to probate until 10 days after death; lodge with Surrogate promptly
Creditor claims
9 months from the date of decedent's death (N.J.S.A. § 3B:22-4)N.J.S.A. § 3B:22-4
Executor fees
Statutory corpus commissions: 5% on first $200,000, 3.5% on excess up to $1,000,000, 2% over $1,000,000 (+1% of corpus per additional fiduciary); plus 6% on income (N.J.S.A. 3B:18-13)N.J.S.A. § 3B:18-14 & § 3B:18-13 · calculator
Estate tax
NoneNew Jersey estate tax was repealed effective January 1, 2018.
Inheritance tax
YesNew Jersey retains an inheritance tax. Class A (spouse, children, parents, grandchildren) are 100% exempt. Class C (siblings, sons/daughters-in-law) pay 11%-16% over $25k. Class D (all other beneficiaries) pay 15%-16% over $500.
Typical duration
6 to 12 months
Official courts site
njcourts.govCase search: New Jersey Courts Public Access (eCourts / County Surrogate Portals)

Re-checked Sept 2026 against: law.justia.com (statute)

Need help with an estate in New Jersey?

Where to get help.

We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.

  1. 01 New Jersey courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
  2. 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
  3. 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
§ II · Register

All 21 counties

Sorted by population. office checked = probate office address/phone confirmed on the court's own website. courthouse mapped = located in OpenStreetMap.

#CountySeatPopulationRecord
1 Bergen County Hackensack 957,736 office checked
2 Middlesex County New Brunswick 863,623 office checked
3 Essex County Newark 851,117 office checked
4 Hudson County Jersey 705,472 office checked
5 Ocean County Toms River 659,197 office checked
6 Monmouth County Freehold Borough 642,799 office checked
7 Union County Elizabeth 572,726 courthouse mapped
8 Camden County Camden 527,196 courthouse mapped
9 Morris County Morristown 514,423 courthouse mapped
10 Passaic County Paterson 513,395 courthouse mapped
11 Burlington County Mount Holly 469,167 courthouse mapped
12 Mercer County Trenton 381,671 courthouse mapped
13 Somerset County Somerville 348,842 courthouse mapped
14 Gloucester County Woodbury 308,423 courthouse mapped
15 Atlantic County Mays Landing 275,213 county site
16 Cumberland County Bridgeton 152,326 courthouse mapped
17 Sussex County Newton 146,132 county site
18 Hunterdon County Flemington 130,183 courthouse mapped
19 Warren County Belvidere 111,252 courthouse mapped
20 Cape May County Cape May Court House 94,610 courthouse mapped
21 Salem County Salem 65,338 courthouse mapped
§ III

New Jersey probate questions

What is the small estate affidavit limit in New Jersey?
$50,000 for surviving spouse; $20,000 for other heirs (N.J.S.A. § 3B:10-3 (Spouse) & § 3B:10-4 (Heirs)). There is no statutory waiting period. Affidavit of Surviving Spouse up to $50,000; Affidavit of Next of Kin up to $20,000 if no surviving spouse. Only applicable if died intestate.
How are executor and administrator fees calculated in New Jersey?
Statutory corpus commissions: 5% on first $200,000, 3.5% on excess up to $1,000,000, 2% over $1,000,000 (+1% of corpus per additional fiduciary); plus 6% on income (N.J.S.A. 3B:18-13) (N.J.S.A. § 3B:18-14 & § 3B:18-13). Courts can award more for extraordinary services, such as running a business or litigation.
What is the creditor claim deadline for estates in New Jersey?
9 months from the date of decedent's death (N.J.S.A. § 3B:22-4) (N.J.S.A. § 3B:22-4). Claims filed after the deadline are generally barred.
Does New Jersey recognize handwritten (holographic) wills?
Yes. New Jersey recognizes holographic wills if signature and material provisions are in testator's handwriting (N.J.S.A. § 3B:3-2).
Does New Jersey have a state estate tax or inheritance tax?
New Jersey has no state estate tax. It also has an inheritance tax paid by heirs. New Jersey retains an inheritance tax. Class A (spouse, children, parents, grandchildren) are 100% exempt. Class C (siblings, sons/daughters-in-law) pay 11%-16% over $25k. Class D (all other beneficiaries) pay 15%-16% over $500.