Hudson County Surrogate's Court Guide

An INTESTATE-ONLY affidavit procedure taken before the Hudson County Surrogate, with no administration and no bond. Where the total value of the real and personal assets will not exceed $50,000, the surviving spouse, civil union partner, or domestic partner may take all of the assets by affidavit, and the first $10,000 is free from the decedent'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 obtains the written consent of the remaining heirs may take the assets by affidavit for the benefit of all heirs and creditors. The affiant then carries the rights, powers, and duties of an administrator and can be sued and required to account. These ceilings are keyed to the DATE OF DEATH: they apply to a decedent dying on or after January 19, 2016, and an earlier death uses the former $20,000 and $10,000 ceilings with $5,000 free from debts. There is NO small-estate shortcut for an estate where the decedent left a will, and New Jersey has no summary or simplified court-supervised administration of any kind. Verify eligibility with the Surrogate before relying on this path.

Qualifies:

$50,000

Filing fee:

$50

The intestate track. The Hudson 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 fit person who will accept. A surety bond is normally required, and renunciations may be needed from anyone with an equal or prior right. If no heir claims administration within 40 days after the death, the court may grant letters to any fit person who applies. New Jersey does not require a routine inventory or a routine formal accounting; most estates close informally when the administrator takes a refunding bond and release from each beneficiary and files it with the Surrogate. Verify bond amount and surety requirements with the Surrogate.

Qualifies:

Larger estates, or when no simplified option fits

Filing fee:

$125

The standard track where the decedent left a valid original will. The executor named in the will applies to the Hudson County Surrogate, presents the ORIGINAL will and any codicils, a certified death certificate, and the names, addresses, and ages of the beneficiaries and next of kin, and qualifies. The Surrogate admits the will, issues letters testamentary, and issues the short certificates that banks, brokerages, transfer agents, and the Motor Vehicle Commission ask for. Probate cannot happen until after 10 days from the death of the testator. Uncontested probate is an over-the-counter Surrogate proceeding, not a hearing before a judge. The executor then mails a Notice of Probate within 60 days of probate and files proof of mailing with the Surrogate within 10 days after that (R. 4:80-6). Probating a copy instead of the original requires a Superior Court action. Verify required documents and bond with the Surrogate.

Qualifies:

Estate over thresholds or complex situations

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

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

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

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.