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1. How do I get started with an estate matter?

The person that is named in the Last Will and Testament as Executor, or wishes to be appointed to represent the Estate, will bring a certified copy of the death certificate and the original Will. While the Surrogate can begin the paperwork anytime after death, probate cannot be completed until the eleventh day after the date of death and with original documents. Please contact the Surrogate's Office at (609) 463-6666 for further information.

2. Do all wills have to be probated?

No. Jointly held assets belong to the survivor and will pass to the survivor without the need for probate. If no assets are in decedent's name alone, it may not be necessary to probate.

3. Do my survivors have to pay inheritance tax?

There is no New Jersey inheritance tax for surviving spouse, children, grandchildren, grandparents, adopted children and stepchildren for an inheritance less than $2,000,000.

4. Must I engage an attorney to probate a Will?

Usually, no; however, depending upon the value of the estate, the complexity of the assets, and if there is a "contest" among the heirs, it may advisable to secure the advice of a New Jersey attorney.

5. Does the State of New Jersey take my assets if I die without a will?

Not usually. If you die with or without a will, and have any next of kin, regardless of degree of kinship, the State of New Jersey does not receive your estate but your next of kin receives the assets.

6. What do I need to bring to the Surrogate Court to handle an estate?

We will require the original Will, certified death certificate, an ability to pay our fee (we do accept credit card payments), a list of the names and addresses of the heirs at law and picture identification of the applicant. Please note that we cannot accept a "copy" of a Will; we must have the original document.

7. Is it expensive to probate a Will?

No. The cost to probate a 2-page Will is $100. Additional Short Certificates cost $5.00.

8. What happens if I do not have a Will?

The Surrogate Court will issue Letters of Administration. However, depending upon the size of the estate, and the relationship to the decedent, an Affidavit of Spouse may be granted for estates valued at less than $50,000 and an Affidavit of Next of Kin (with the consent of the other heirs) for estates valued at less than $20,000. The Affidavits cost less then a general administration. If it is a larger estate, then the Surrogate can issue Letters of Administration by appointing a person to handle the estate. In those cases, a bond may be required to guarantee the proper handling of the administration.

9. Where should I keep my original Will?

First, only an original Will can be admitted to probate by the Surrogate Court. Accordingly, the original Will should be kept in a safe place, usually a safe deposit box in a bank or in a secure, fireproof box at home. It is important that the Executor knows where you keep this original document. If an original Will is not found, there is a presumption that the person died intestate and the family will have to prove that a copy of the Will should be probated in Superior Court.

10. Can I change my Will by writing on it?

Please don't write on an original will. The Surrogate cannot admit into probate an original will that has any cross outs or marks on it that change the content of the will. The proper way to make changes to a will is to execute a "codicil" or execute a new will. If there are any delineations on an original will that change the content, the Surrogate may not allow the will to be probated without an adjudication by the Superior Court.

11. How do I adopt my new spouse's childen?

It is best to consult with a New Jersey attorney to assist with adoptions. The simple answer, however, is that, a verified complaint for adoption must be filed with the Surrogate along with proper background checks, a home study if ordered and the approval of the biological parents. Please contact the Surrogate Court or a New Jersey attorney for more information.

12. My grandmother wrote her last wishes on an envelope before she died. Is this considered a Will?

Yes, the short answer is that it could be considered a Will. The Surrogate Court and /or the Superior Court will determine whether the document is a valid Will by a variety of factual circumstances. If the original paper is signed by your grandmother, witnessed and notarized, it will by admitted to probate by the Surrogate. If the document is in your grandmother's handwriting and signed by her a Judge of the Superior Court may determine that the writing is a "holographic will' and should be admitted to probate. If it is not signed, the Superior Court will require additional proofs and testimony to make sure the writing accurately sets forth your grandmother's intent and wishes. In theses cases you may need the services of a New Jersey attorney to prepare the necessary pleadings and you may have to appear in Superior Court and give testimony relevant to that document and the handwriting. If the Judge of the Superior Court is satisfied with your testimony, he may authorize that paper writing to be admitted for probate.

13. What does escheat mean?

If you die intestate, with absolutely no next of kin, your net estate will then escheat to the State of New Jersey.

14. Is there a way to find out if the State of New Jersey has money that I may be entitled to?

Yes. The State of New Jersey provides a website at www.unclaimedproperty.nj.gov where you can search for unclaimed property that may be in the name of a deceased relative. The Surrogate may be able to provide the documentation you need to send to the State to get the money.

15. I have a special needs child. How do I become their guardian when they turn 18 years old?

The Surrogate will help you get the forms needed to apply to the Superior Court for guardianship. You will have to get doctor(s) certification(s) and file an Order to Show Cause. An Order to Show Cause packet for guardianship can be found on this web site in the forms section. Please contact the Surrogate Court for assistance.