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New Jersey · Vicinage 1 (Atlantic and Cape May Counties)

Cape May County Surrogate's Court Guide

Settled Estate records a $100-$125 court filing fee and a 9-month creditor claim period for the Cape May County Surrogate's Court, read from 6 linked sources and last verified July 29, 2026.

By Settled Estate Editorial Team

Surrogate's Court information · Updated July 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$100-$125
Court filing fee
9 months
Creditor claims, from death
609-463-6666
Filing office phone
Unofficial guide · Verified July 2026 · Superior Court of New Jersey, Chancery Division, Probate Part (Atlantic/Cape May Vicinage)Sources (6)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

New Jersey Office of Vital Statistics and Registry

Get: 8 copies
How to order

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

Legal duties

Deposit the Will

New Jersey sets NO deadline for depositing or offering a will for probate and no statutory penalty for delay, so the deadline is recorded as 0 to mean "no fixed statutory deadline, verify locally" rather than "due immediately". What the statute does impose is a floor: no will may be admitted to probate until after 10 days from the death of the testator (N.J.S.A. 3B:3-22). Probate papers may be filed and the executor may qualify at any time after the death and before the will is admitted. The Cape May County Surrogate's Court keeps the original will, so bring the signed original: probating a copy requires a Superior Court action. (N.J.S.A. 3B:3-22)

Cost: Verify locally
Where: Cape May County Surrogate's Court
Clerk Website

Creditor claim window

Creditors generally have 9 months from date of death to bring claims against the estate. (N.J.S.A. 3B:22-4)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the New Jersey small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

An INTESTATE-ONLY affidavit procedure taken before the Cape May County Surrogate, with no administration and no bond. Where the total value of the real and personal assets will not exceed $50,000, a surviving spouse, civil union partner, or domestic partner may take all assets by affidavit, and the first $10,000 is free from the intestate's debts. Where there is no surviving spouse, civil union partner, or domestic partner and the assets will not exceed $20,000, one heir with the written consent of the remaining heirs may take the assets by affidavit for the benefit of all heirs and creditors. These ceilings apply to a decedent dying on or after January 19, 2016; for an earlier death they are $20,000 and $10,000. There is NO affidavit path where the decedent left a will. Verify eligibility with the Surrogate before relying on this route.

Qualifies:
$50,000
Filing fee:
$50
source
Attorney:
not required by law, though many families use one

The intestate track. The Cape May County Surrogate, or the Superior Court, grants letters of general administration where the decedent left no will. Administration goes first to the surviving spouse, civil union partner, or domestic partner if that person accepts, then to the remaining heirs, then to any other person who will accept, and renunciations from anyone with an equal or prior right may be needed. A surety bond is normally required and its premium is separate from the $125 statutory fee. If no heir claims administration within 40 days after the death, the court may grant letters to any fit person who applies. Verify bond and renunciation requirements with the Surrogate's office.

Qualifies:
Larger estates, or when no simplified option fits
Filing fee:
$125
source
Attorney:
not required by law, though many families use one

The standard track where the decedent left a valid original will. The executor named in the will applies to the Cape May County Surrogate, presents the original will and a certified death certificate, and gives the names and addresses of the beneficiaries and next of kin. The Surrogate admits the will and issues letters testamentary and short certificates. Nothing can be admitted to probate until after 10 days from the death. Uncontested probate is an over-the-counter Surrogate proceeding, not a hearing before a judge. There is no small-estate shortcut for a testate estate: a will must be probated no matter how small the estate. Verify the current steps with the Surrogate's office.

Qualifies:
Estate over thresholds or complex situations
Attorney:
not required by law, though many families use one

The standard track where the decedent left a valid original will. The executor named in the will applies to the Surrogate of the county where the decedent lived at death, presents the original will, a certified death certificate, and the names and addresses of beneficiaries and next of kin, and qualifies. The Surrogate admits the will and issues letters testamentary and short certificates. Probate cannot occur until after 10 days from the death. Uncontested probate is an over-the-counter Surrogate proceeding, not a hearing before a judge.

Attorney:
not required by law, though many families use one

Documents you'll need:

  • Certified Death Certificate
  • Original Will and Codicils
  • Application for Probate (county Surrogate form)
  • Short Certificate
  • Notice of Probate and Proof of Mailing
  • New Jersey Inheritance Tax Return
  • Refunding Bond and Release

The intestate track. The Surrogate's Court of the county where the decedent resided at death, or the Superior Court, grants letters of general administration. Administration goes first to the surviving spouse or domestic partner if that person accepts, then to the remaining heirs, then to any other person who will accept. A surety bond is normally required. If no heir claims administration within 40 days after the death, the court may grant letters to any fit person who applies.

Attorney:
not required by law, though many families use one

Documents you'll need:

  • Certified Death Certificate
  • Application for Letters of Administration (county Surrogate form)
  • Short Certificate
  • New Jersey Inheritance Tax Return
  • Refunding Bond and Release

An INTESTATE-ONLY affidavit procedure. Where the total value of the real and personal assets will not exceed $50,000, a surviving spouse, civil union partner, or domestic partner may take all assets by affidavit before the Surrogate without administration, and up to $10,000 of the assets is free from the intestate's debts. Where there is no surviving spouse, civil union partner, or domestic partner and the assets will not exceed $20,000, one heir who has the written consent of the remaining heirs may take the assets by affidavit, without administration or bond. The $50,000 and $20,000 ceilings apply to a decedent DYING ON OR AFTER January 19, 2016; for an earlier death the ceilings are $20,000 and $10,000 with $5,000 free from debts.

Qualifies:
$50,000

Documents you'll need:

  • Certified Death Certificate
  • Affidavit in Lieu of Administration

A limited appointment for the sole purpose of prosecuting a wrongful-death action where the decedent died intestate. The Surrogate's Court of the county where the intestate resided at death, or, for a nonresident, the county where the fatal accident occurred, or the Superior Court, may grant letters of administration ad prosequendum to the person entitled by law to general administration. No bond is required.

A contested probate, a caveat filed before probate, a will that is not self-proving or whose execution is doubtful, a lost or copied will, a formal accounting, an elective-share complaint, a guardianship of an incapacitated adult, and an action to remove a fiduciary all go to the Superior Court of New Jersey, Chancery Division, Probate Part. Filing the first paper is $175 through the Surrogate as deputy clerk.

File for Probate

Where to file, forms & fees

Where to File

Office: Superior Court of New Jersey, Chancery Division, Probate Part (Atlantic/Cape May Vicinage)
Address: 9 North Main Street, 3rd Floor, Cape May Court House, NJ 08210
How: in person, by mail
Get Forms

Free Filing Help Available

Cape May County Surrogate's Court can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Cape May County Clerk (Document Recording / Land Records)

Website

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Transfer scenarios

Joint Ownership: Title in Both Spouses' or Partners' Names

Documents needed:

  • Current New Jersey certificate of ownership, properly signed and completed by the surviving owner
  • Copy of the death certificate
  • Notarized Affidavit of Surviving Spouse (MVC form BA-62)
  • Driver's license or other acceptable identification
  • $60 title fee ($85 if the vehicle is financed with one lien)

Schedule an appointment at an MVC Vehicle Center. Bring the signed title, a copy of the death certificate, and the notarized BA-62. The MVC issues a new certificate of ownership in the survivor's name. The existing registration can be transferred to an immediate family member for an additional $4.50.

The MVC's published guidance applies this path to spouses and to domestic partners. If the title lists two people who were not spouses or partners, or if the title lists only the decedent, this path does not apply.

Transfer on Death Beneficiary Designation

Documents needed:

  • The completed Transfer on Death Beneficiary Designation, executed during the owner's lifetime and held by the owner
  • The current New Jersey certificate of ownership
  • Death certificate
  • Universal Title Application (MVC form OS/SS-UTA)
  • $60 title fee

During the owner's lifetime, the owner completes the MVC Transfer on Death Beneficiary Designation and holds it with the title. After the owner's death, the beneficiary presents the designation, the title, the death certificate, and a Universal Title Application at an MVC Vehicle Center, and the MVC issues a new certificate of ownership. The transfer stays subject to the rights of all lien holders. The owner (or all surviving owners with right of survivorship) may change the beneficiary at any time, without the beneficiary's consent, by applying for a subsequent certificate of ownership.

A trust may be named as the beneficiary. If no beneficiary survives the owner, the vehicle belongs to the estate of the deceased owner. Liens noted on the decedent's title must be paid before a new title is issued, unless the lien is being transferred.

Surviving Spouse, Civil Union Partner, or Domestic Partner: No Will, No Co-Owner, Estate of $50,000 or Less

Documents needed:

  • Affidavit of Surviving Spouse, Domestic Partner, or Civil Union Partner, executed before the Surrogate of the county where the decedent lived at death and bearing the Surrogate's raised seal
  • Current New Jersey certificate of ownership, properly signed and completed by the surviving spouse, domestic partner, or civil union partner
  • Universal Title Application (MVC form OS/SS-UTA)
  • Death certificate
  • Driver's license or other acceptable identification
  • $60 title fee ($85 if the vehicle is financed with one lien)

Go first to the Surrogate of the county where the decedent lived at death (or, for a nonresident decedent, the county where the assets are located) and execute the affidavit. The affidavit must state the affiant's relationship, that the value of the intestate's real and personal assets will not exceed $50,000, the decedent's residence at death, and the nature, location, and value of the assets. The Surrogate files and records it and issues a sealed copy. Then schedule an MVC Vehicle Center appointment and present the sealed affidavit with the signed title and the other documents. On filing the affidavit, the surviving spouse or partner has all the rights, powers, and duties of an administrator and can be sued and required to account as one.

The $50,000 ceiling measures the whole intestate estate, not just the vehicle. The first $10,000 of assets taken this way is free from the intestate's debts. This path is only for an intestate estate; if the decedent left a will, use the executor and Short Certificate path instead.

Next of Kin Affidavit: No Will, No Surviving Spouse or Partner, Estate of $20,000 or Less

Documents needed:

  • Affidavit of Next of Kin, executed before the Surrogate of the county where the decedent lived at death and bearing the Surrogate's raised seal
  • Written consent of the remaining heirs, filed with the affidavit
  • Current New Jersey certificate of ownership, properly signed and completed by the next of kin
  • Universal Title Application (MVC form OS/SS-UTA)
  • Death certificate
  • Driver's license or other acceptable identification
  • $60 title fee ($85 if the vehicle is financed with one lien)

Collect the written consent of the other heirs, then execute the affidavit before the Surrogate of the county where the decedent lived at death (or, for a nonresident decedent, where the assets are located). The affidavit must set out the decedent's residence at death, the names, residences, and relationships of all the heirs, the nature, location, and value of the assets, and a statement that the value will not exceed $20,000. The Surrogate files and records the consent and the affidavit. Then present the sealed affidavit with the signed title at an MVC Vehicle Center. On executing and filing the affidavit, the heir has all the rights, powers, and duties of an administrator.

The $20,000 ceiling measures the whole intestate estate, not just the vehicle. If a surviving spouse, civil union partner, or domestic partner exists, this path does not apply and the $50,000 route under N.J.S.A. 3B:10-3 is used instead. Above these amounts, the estate needs an administrator and an Administrator's Short Certificate.

Estate Administration: Executor or Administrator with a Surrogate's Short Certificate

Documents needed:

  • Old New Jersey certificate of ownership, signed and completed by the executor or administrator
  • Surrogate's Short Certificate (will) or Administrator's Short Certificate (no will), with the raised seal of the County Surrogate
  • MVC Entity Identification Number (EIN, formerly CorpCode), only when the title is going into the name of the estate; no EIN is needed when the title goes into an individual's name
  • Universal Title Application (MVC form OS/SS-UTA)
  • Driver's license as proof of identification
  • $60 title fee, or $85 for a financed vehicle title

Open the estate with the Surrogate of the county where the decedent lived at death and obtain the Short Certificate. If the title is going into the estate's name, apply for an MVC Entity Identification Number first. Then schedule an MVC Vehicle Center appointment and present the signed old title, the Short Certificate, the EIN when applicable, and identification. The title can be transferred to the surviving spouse, domestic partner, civil union partner, an heir, or a buyer. If the vehicle will be driven, a new registration and proof of New Jersey insurance in the estate's name are also needed; the existing registration can instead be transferred to an immediate family member for $4.50.

The MVC does not require an attorney for the title transfer itself.

Forms

  • Universal Title Application(OS/SS-UTA)(The applicant must be the owner, the lienholder, or an authorized representative, and must present proper identification.)
  • Affidavit of Surviving Spouse(BA-62)(Must be notarized. Presented with the signed title and a copy of the death certificate.)
  • Transfer on Death Beneficiary Designation(The MVC publishes this form without a form number. It is notarized, executed while the owner is alive, held by the owner, and presented by the beneficiary after the owner's death.)
  • Affidavit of Surviving Spouse, Domestic Partner, or Civil Union Partner (County Surrogate)(This is a County Surrogate document, not an MVC form. It is executed before the Surrogate of the county where the decedent lived at death. New Jersey publishes no single statewide numbered version; obtain it from the county Surrogate's office listed on the New Jersey Courts Surrogates Roster.)
  • Affidavit of Next of Kin (County Surrogate)(This is a County Surrogate document, not an MVC form. New Jersey publishes no single statewide numbered version; obtain it from the county Surrogate's office listed on the New Jersey Courts Surrogates Roster.)
  • Vehicle Registration Application(BA-49)(Proof of New Jersey insurance in the new registrant's name is required. An existing registration can instead be transferred to an immediate family member for $4.50.)

Fees

$60 for a standard vehicle. A financed vehicle is $85 with one lien and $110 with two liens. The same $60 base applies to a deceased owner's title transfer.$60
registration transfer$4.50 to transfer an existing registration to an immediate family member, plus any prorated increase in the registration fee for a change in weight class. R.S. 39:3-30 gives the surviving spouse or child of a deceased registered owner, in whom title vests by will or otherwise, the right to have the registration transferred on payment of $4.50.
fee schedule sourcenj_mvc_reg_title_fees

Fee figures read at the official MVC fee pages on 2026-07-29: nj.gov/mvc/vehicles/regfees.htm ('Transfer of the title is $60 (or $85 with a lien)'; registration transfer fee $4.50) and nj.gov/mvc/vehicles/titlenew.htm ($60 standard, $85 with one lien, $110 with two liens). New Jersey does not publish a separate lien recording fee for a title transfer; the lien is priced into the tiered title fee. The MVC accepts American Express, Visa, MasterCard, Discover, check, money order, or cash at its agencies. There are no county add-on fees, because New Jersey has no county-run motor vehicle offices.

Small-estate vehicle transfer

New Jersey lets a small intestate estate pass without administration on an affidavit executed before the County Surrogate. A surviving spouse, civil union partner, or domestic partner qualifies when the total value of the decedent's real and personal assets will not exceed $50,000 (N.J.S.A. 3B:10-3). Where there is no surviving spouse or partner, one heir with the written consent of the remaining heirs qualifies when the total value will not exceed $20,000 (N.J.S.A. 3B:10-4). The MVC accepts the sealed affidavit in place of a Short Certificate for a vehicle title transfer, so no separate vehicle-only small-estate affidavit exists in New Jersey.

Threshold: $50,000

The $50,000 and $20,000 ceilings measure the whole intestate estate, not just the vehicle, and are set by N.J.S.A. 3B:10-3 and 3B:10-4 as amended by P.L.2015, c.232. They are fixed dollar amounts with no inflation indexing. The first $10,000 of assets taken by a surviving spouse, civil union partner, or domestic partner under N.J.S.A. 3B:10-3 is free from the intestate's debts. A person who takes assets on one of these affidavits gains all the rights, powers, and duties of an administrator and can be sued and required to account as one. New Jersey sets no statutory waiting period after the death before the affidavit may be executed.

Lost or duplicate title

When the New Jersey certificate of ownership is lost, stolen, or damaged. Apply for the duplicate before attempting to transfer a deceased owner's vehicle, because the transfer needs the title in hand.

Schedule an appointment at an MVC Vehicle Center and complete the Universal Title Application (OS/SS-UTA). Bring a current or expired registration, proof of insurance, or a certified registration record as proof of ownership, plus a copy of the driver's license for every owner on the title, and the $60 fee. Some situations are mail-only: a duplicate with no proof of ownership (packet OS/SS-130 with OS/SS-UTA), a previously registered vehicle with no available registration or insurance record (OS/SS-130A), and out-of-state resident requests (OS/SS-129). Mail-in processing can take 8 to 12 weeks.

Form:Universal Title Application(OS/SS-UTA)

Fee: $60

If a lien is recorded, the duplicate title is mailed to the lienholder. A leased or financed vehicle also needs a statement from the current or prior lienholder giving the owner's name, the year, make, and VIN, and a signed declaration from the lienholder's representative that the original title is not in the lienholder's possession.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (15)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in New Jersey

Frequently Asked Questions

How much does probate cost in Cape May County?
Probate filing fees in Cape May County, New Jersey vary by the type of administration. The court filing fee shown on this page is $100-$125; confirm current amounts with the Surrogate's Court before filing.
How long does probate take in Cape May County?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Cape May County?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More New Jersey Resources

Explore the rest of the New Jersey probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Superior Court of New Jersey, Chancery Division, Probate Part (Atlantic/Cape May Vicinage) on July 29, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Jersey can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.