New Jersey Statewide Probate Guide

Settling an estate after losing someone is difficult, and New Jersey’s inheritance tax makes it worth planning ahead. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Surrogate’s Court address and local filing details, see that county’s page.

Where Probate Happens

New Jersey probate begins at the Surrogate’s Court in the county where the deceased was domiciled – the Surrogate is an elected official who handles most routine probate matters; contested matters go to the Superior Court, Chancery Division.

File The Will Promptly

New Jersey law requires that a will be presented to the Surrogate within 10 days of the decedent’s death, even in cases where formal probate administration isn’t otherwise required.

Step 1: Does The Estate Qualify For A Simplified Process?

New Jersey has no out-of-court affidavit – its simplified options still require filing with the Surrogate (or Superior Court), but skip full administration. Importantly, these options are only available for intestate estates (no valid will) – if there’s a will, it must be probated, though that process is itself relatively simple in New Jersey.

Affidavit of Surviving Spouse/Partner (N.J.S.A. 3B:10-3)

• Available when the decedent died intestate and the total value of real and personal assets doesn’t exceed $50,000.
• The surviving spouse, civil union partner, or domestic partner makes the affidavit before the Surrogate of the county where the decedent resided (or the Superior Court).
• Assets up to $5,000 are free from the intestate’s debts under this process.
• The affiant may have administrator-like rights, powers, duties, and accountability – this isn’t a complete escape from responsibility.

Affidavit of Next of Kin (N.J.S.A. 3B:10-4)

• Available when there’s no surviving spouse/partner, the decedent died intestate, and the total value doesn’t exceed $20,000.
• One next of kin can file, with the written consent of the others.

STEP 2: FULL PROBATE (for estates with a will, or intestate estates above the thresholds)

1. Present the will to the Surrogate within 10 days of death; the Surrogate admits the will and appoints the executor.
2. The executor proceeds largely independently – inventorying assets, notifying creditors, paying debts and taxes, and eventually distributing the estate.
3. New Jersey’s creditor claim period runs 9 months from death – among the longer windows in the Northeast, and a major driver of the overall timeline.
4. A Surrogate’s “short certificate” serves as evidence of the executor’s authority – a new short certificate is typically needed for each asset transferred in the decedent’s name alone.

Distinctive Feature: New Jersey’S Inheritance Tax

New Jersey’s inheritance tax applies regardless of estate size – unlike a state estate tax with a high exemption threshold, the inheritance tax can apply to Class C or D beneficiaries (more distant relatives, unrelated heirs) even on small inheritances. This makes tax planning worth addressing early, even for modest estates, if the beneficiaries aren’t close family. New Jersey has no separate state estate tax.

Timeline

Small estate affidavits (for intestate estates within the thresholds) can move relatively quickly. Full probate is largely governed by the 9-month creditor period.

Taxes

As noted above, New Jersey has a state inheritance tax (no state estate tax). Only the federal estate tax could separately apply, and only to very large estates – federal exemption $15 million per individual for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Surrogate’s Court address, phone number, and local filing details, visit that county’s page.