New Jersey probate, in plain English
What actually happens to an inherited house in New Jersey.
You don't have to do any of this yourself — when you sell to Gembrook Properties, we handle it. But it helps to know the road, so here it is, step by step, with where probate is handled in every county.
The road map
Six steps from loss to closing.
The order can shift a little from estate to estate, but most New Jersey inherited-property sales pass through these steps.
Find the right county Surrogate's Court
Every New Jersey county has a Surrogate's Court, usually at the county seat. The estate is opened in the county where the person who passed away lived — not where the heirs live or where another property sits.
We handle thisAppoint an executor or administrator
If there's a will, the executor named in it applies to be appointed (a New Jersey will can't be probated until 10 days after the death). If there's no will, an administrator is appointed instead, and the other heirs usually sign renunciations. Once appointed, that person can act for the estate.
We handle thisHandle the inheritance tax paperwork
New Jersey's estate tax was repealed in 2018, but its inheritance tax still exists. Close family is exempt; other heirs may owe it. Before a house can transfer, the state usually needs a tax waiver — or, for close family, an affidavit.
We handle thisDeal with title, liens and judgments
Open mortgages, back taxes, tax-sale certificates, municipal liens and judgments against the owner or an heir all have to be resolved before a clean sale. A title search shows what's there.
We handle thisAgree terms with every heir
We speak with each heir one-on-one and privately, so nobody has to sit in a room together, and we don't share your numbers with the other heirs. We help the family reach a decision everyone is comfortable with.
We handle thisSell and close
With the paperwork done, the property can be sold. When you sell to us it's as-is, there are no fees, and many estates are ready to close in 30 to 60 days.
Your part: sign & get paid
General information about New Jersey's process, not legal or tax advice. Every estate is different.
Where probate is handled
The Surrogate's Court in all 21 counties
Probate is opened in the county where your loved one lived. Each county page lists every town we serve there.
| County | Surrogate's Court (county seat) | Towns |
|---|---|---|
| Atlantic County | Mays Landing (in Hamilton Township) | 23 |
| Bergen County | Hackensack | 70 |
| Burlington County | Mount Holly | 40 |
| Camden County | Camden | 36 |
| Cape May County | Cape May Court House (in Middle Township) | 16 |
| Cumberland County | Bridgeton | 14 |
| Essex County | Newark | 22 |
| Gloucester County | Woodbury | 24 |
| Hudson County | Jersey City | 12 |
| Hunterdon County | Flemington | 26 |
| Mercer County | Trenton | 12 |
| Middlesex County | New Brunswick | 25 |
| Monmouth County | Freehold | 53 |
| Morris County | Morristown | 39 |
| Ocean County | Toms River | 33 |
| Passaic County | Paterson | 16 |
| Salem County | Salem | 15 |
| Somerset County | Somerville | 21 |
| Sussex County | Newton | 24 |
| Union County | Elizabeth | 21 |
| Warren County | Belvidere | 22 |
New Jersey probate questions
Where is probate handled in New Jersey?
At the Surrogate's Court of the county where the person who passed away lived — usually at the county seat. For example, the Ocean County Surrogate is in Toms River and the Bergen County Surrogate is in Hackensack. The table on this page lists all 21.
Is there inheritance tax on a New Jersey house?
New Jersey repealed its estate tax in 2018, but it still has an inheritance tax. Close family — a spouse, children, grandchildren and parents (Class A) — is exempt, while siblings, nieces, nephews and unrelated heirs may owe it. Before an inherited house can be sold, the state usually requires a tax waiver or, for Class A heirs, an affidavit. This is general information, not tax advice.
What happens if there's no will?
New Jersey law decides who inherits, and the Surrogate appoints an administrator to act for the estate. The other heirs usually sign renunciations so one person can be appointed. We handle this step when you sell to us.
Can an inherited house be sold before probate is finished?
The estate needs someone with authority to sell — an appointed executor or administrator — and the inheritance tax paperwork has to be in order. Once that's in place, the house can usually be sold. We handle that whole process, which is why many estates we buy are ready to close in 30 to 60 days.
What if the estate was never opened, even years later?
It can still be done. We regularly take on estates that were never settled, sometimes decades after the owner passed away, including ones with missing heirs or back taxes.
More questions? See all our answers about inherited property →
Would you rather we handle it?
We'll take care of the probate for you.
When you sell to us, we handle every step on this page and can cover the probate costs. No fees, no repairs, no pressure.