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Docket No. 34013 · New Jersey

Essex County
Probate Court

In New Jersey, estates are probated in the County Surrogate's Court / Superior Court (Chancery Division - Probate Part). This page gathers where to file in Essex County, the state rules that apply, and where every detail comes from.

Call (973) 621-4901 Court website ↗ Directions ↗
County seat
Newark
Population
851,117
Court
County Surrogate's Court / Superior Court
Record
Office checked
NJ · 3401340°47′ N · 74°15′ W
● New Jersey Courts - Essex County Courthouse
located via OpenStreetMap
Small-estate limit
$50,000
No statutory waiting period
Creditor window
9 months
N.J.S.A. § 3B:22-4
Executor fee
By statute
Percentage set by statute
Death taxes
Yes
Inheritance tax on heirs
§ I

Where to file in Essex County

Handled by
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.
Probate office
Essex County Surrogate's Court 495 Dr Martin Luther King Jr Blvd, 2nd Floor, Newark, NJ 07102 (973) 621-4901 Checked on the court's website, Sept 2026 · essexsurrogate.com
County building
New Jersey Courts - Essex County Courthouse 50 West Market Street, Newark, NJ 07102 Main line: (973) 776-9300 OpenStreetMap · view the map entry
Phone
(973) 621-4901court website
Opening hours
Not published in an open source. Check the court or county website before you go.
County website
essexclerk.comcounty website
Court website
essexsurrogate.com
State courts & e-filing
njcourts.govCase search: New Jersey Courts Public Access (eCourts / County Surrogate Portals)
§ II

How probate runs in Essex County

Six stages, with the New Jersey rules that set the pace.

  1. 01

    Secure the original will

    Find the original signed will and order certified death certificates. New Jersey deadline: Cannot admit will to probate until 10 days after death; lodge with Surrogate promptly.

  2. 02

    Pick the right track

    If the probate estate is under $50,000, a small-estate procedure (N.J.S.A. § 3B:10-3 (Spouse) & § 3B:10-4 (Heirs)) may avoid full administration.

  3. 03

    Petition the court

    File the petition with the County Surrogate's Court / Superior Court (Chancery Division - Probate Part) for Essex County. The court appoints the executor or administrator and issues letters.

  4. 04

    Inventory the estate

    Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.

  5. 05

    Notify creditors

    Publish or send notice to creditors. Window: 9 months from the date of decedent's death (N.J.S.A. § 3B:22-4).

  6. 06

    Account and distribute

    Pay debts, taxes and fees (N.J.S.A. § 3B:18-14 & § 3B:18-13), file the final account if required, distribute to heirs and ask to close the estate.

Need help with an estate in Essex County, 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.
§ III

New Jersey rules that apply here

Probate law is state law — these apply in all 21 New Jersey counties.

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 · estimate the fee
Handwritten wills
Recognized. New Jersey recognizes holographic wills if signature and material provisions are in testator's handwriting (N.J.S.A. § 3B:3-2).
Estate tax
No state estate tax.New Jersey estate tax was repealed effective January 1, 2018.
Inheritance tax
Yes.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.
Typical duration
6 to 12 monthsA lawyer is not required by statute, though most formal estates use one.

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

§ IV

Neighbouring probate courts

EssexUnionHudsonBergenMorrisPassaic
Related officeEssex County Clerk & RecorderDeath certificates, recorded deeds and marriage records for the estate file.uscountyclerks.com ↗ Related officeEssex County Property AppraiserAssessed values and parcel records for the estate inventory.uspropertyappraisers.com ↗
§ V

Questions about Essex County probate

Where is the Essex County Probate Court located?
Probate matters in Essex County are handled by the Essex County Surrogate's Court, 495 Dr Martin Luther King Jr Blvd, 2nd Floor, Newark, NJ 07102 (phone (973) 621-4901). These details were checked on the court's own website in September 2026; confirm hours before visiting.
What is the small estate affidavit limit in Essex County, NJ?
Small-estate rules are set by state law, so they are the same in every New Jersey county: $50,000 for surviving spouse; $20,000 for other heirs (N.J.S.A. § 3B:10-3 (Spouse) & § 3B:10-4 (Heirs)).
How do I search probate case records in Essex County?
Start with the New Jersey judiciary website (njcourts.gov), which points to New Jersey Courts Public Access (eCourts / County Surrogate Portals). Older files and certified copies are requested from the probate clerk in Newark.
What are the deadlines for filing a will and creditor claims in Essex County?
Will: Cannot admit will to probate until 10 days after death; lodge with Surrogate promptly. Creditors: 9 months from the date of decedent's death (N.J.S.A. § 3B:22-4) (N.J.S.A. § 3B:22-4).
How much can an executor charge in Essex County?
New Jersey rule: 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). You can estimate the amount with our executor fee calculator.