Passaic 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 Passaic County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in Passaic 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.
- County building
- Passaic County Court House Annex 63-65 Hamilton Street, Paterson, NJ 07505 OpenStreetMap · view the map entry
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- passaiccountynj.orgWikidata
- State courts & e-filing
- njcourts.govCase search: New Jersey Courts Public Access (eCourts / County Surrogate Portals)
How probate runs in Passaic County
Six stages, with the New Jersey rules that set the pace.
- 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.
- 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.
- 03
Petition the court
File the petition with the County Surrogate's Court / Superior Court (Chancery Division - Probate Part) for Passaic County. The court appoints the executor or administrator and issues letters.
- 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.
- 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).
- 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.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 New Jersey courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
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)