New Jersey estate facts · Probate
Where is probate handled in New Jersey?
The short answer
At the Surrogate's Court in the county where the person lived. Each of New Jersey's 21 counties has its own Surrogate.
The details
New Jersey probate is handled by the county Surrogate, an elected official who acts as judge of the Surrogate's Court. The estate is opened in the county where the person who passed away lived, not where the heirs live.
The Surrogate admits wills to probate, appoints executors and administrators, and issues the Letters that give them authority to act for the estate.
Related estate facts
Other questions families ask.
How soon after a death can a will be probated in New Jersey?
Not for at least 10 days. New Jersey law doesn't allow a will to be admitted to probate until 10 days after the person's death.
Read the answer → No willWhat happens in New Jersey when someone dies without a will?
The Surrogate appoints an administrator, usually a surviving spouse or another heir, to handle the estate.
Read the answer → WillsCan a copy of a will be probated in New Jersey?
No. New Jersey Surrogates probate only the original will. A photocopy or scan isn't accepted.
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