Estate Matters

Submitting a Last Will & Testament To Probate

A Last Will and Testament is probated upon death of a Decedent if the Decedent had assets in their name alone. Probate is the legal process which establishes the genuineness of a Last Will and Testament. The Gloucester County Surrogate makes the final judgment to determine the validity of the Last Will and Testament. The estate is opened in the County where the decedent resided as documented on the Certificate of Death. The named Executor makes application to the Surrogate Court for probate.

Items Needed to Apply for Probate

• Addresses of all named beneficiaries
• Form of Payment
• Government form of Identification
• List and value of all assets in decedents name alone to determine the number of Short Certificates required
• Names and addresses of all immediate Next of Kin
• Original Death Certificate with raised seal
• Original Last Will and Testament and Codicil(s) (if applicable)

The Will may be offered for Probate anytime after the death occurs; however, the Surrogate cannot issue a Short Certificate until the eleventh day after death. If the Last Will and Testament is accepted to Probate, the Executor will be appointed by the Surrogate. The Surrogate will issue a Short Certificate(s) to the Executor which gives the Executor authority to administer the estate.

Probate Fee

The fee to Probate is $100 for a two page Will and $5 for each additional page, this includes one Short Certificate. Please see the Fees page for additional cost.

When a person dies without a Last Will and Testament under New Jersey law they are determined to have died intestate. The Surrogate must determine and appoint an Administrator of the estate. Depending on the individual circumstance there are three types of applications that could apply. Review the following information to help determine which application would apply for your estate matter.

Next of Kin Order

Determine next of kin as defined by New Jersey Intestate Law

1. Spouse of the decedent
2. Children of the decedent
3. Parents of the decedent
4. Brothers and sisters of the decedent
5. Children of a deceased brother or sister

Determine What to Apply For

You may need to apply for:

• Affidavit of Next of Kin
• Affidavit of Surviving Spouse
• Standard Administration

Determining Value of Estate

Determine the value of the Decedent's estate. To determine value add the total amount of assets in Decedent's name only. This may include:

• Automobiles
  • Boats
  • Motorcycles
  • Recreation Vehicles
• Bank Accounts
• Real Estate

Cases

1. If you are the surviving spouse and the value of the estate does not exceed $50,000 you would apply for an Affidavit of Surviving Spouse.
2. If you are the surviving spouse and the value of the estate exceeds $50,000 you would apply for Standard Administration.
3. If the Decedent does not have a surviving spouse and the value of the estate does not exceed $20,000 you would apply for Affidavit of Next of Kin.
4. If the Decedent does not have a surviving spouse and the value of the estate exceeds $20,000 you would apply for Standard Administration.

Persons having a prior or equal right to act as Administrator under the law will be required to renounce their right to act.

The Administration must be opened in the County where the decedent resided as documented on the Certified Death Certificate. The Administration cannot be issued until the sixth day from the date of death. The process can start before the sixth day; however, the Short Certificates or Affidavit's will not be issued until the sixth day after death. When the Administration is granted, the Surrogate will issue a Short Certificate(s) or Affidavit(s) to the Administrator of the estate.

Items Needed to Apply for Administration or Affidavits

• Form of payment
• Government form of Identification
• List and value of all assets in decedents name alone
• Names and addresses of all immediate next of kin
• Original Death Certificate with raised seal
• Renunciations/Consent from all adult persons who have prior or equal right to apply
• Surety Bond may be applicable

Helpful Forms