Probate in New Jersey: do you need a lawyer, and what it costs

Settling an estate in New Jersey

What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.

Filing the original will

New Jersey law does not set a deadline for turning in an original will after a death. If someone is holding a will that has not been offered for probate, the Superior Court can order them to reveal it and lodge it with the county surrogate.

N.J.S.A. 3B:3-29Read the statute text · codes.findlaw.comchecked Oct 5, 2026

Which court handles probate

In New Jersey, wills are probated and administrators appointed by the Surrogate's Court of the county where the person who died lived. Disputes go to the Superior Court, Chancery Division, Probate Part.

N.J. Court Rules, R. 4:80-1(a); N.J.S.A. 3B:3-29Read the source · courtcaddy.comchecked Oct 5, 2026

Creditors' deadline to make claims

In New Jersey, creditors must give their claims in writing and under oath to the executor or administrator (the law calls them the personal representative) within 9 months of the death. After that, the executor is protected for anything already paid out in good faith.

N.J.S.A. 3B:22-4Read the statute text · codes.findlaw.comchecked Oct 5, 2026

Estate inventory

In New Jersey, the executor or administrator does not have to file an inventory unless the court requires it or a family exemption is being claimed. The court cannot require one until 3 months after letters are granted.

N.J.S.A. 3B:16-2Read the statute text · codes.findlaw.comchecked Oct 5, 2026

The order estate debts are paid

In New Jersey, if the estate cannot pay every debt, they are paid in this order: reasonable funeral expenses, administration costs, debts to the Office of the Public Guardian, debts and taxes with priority under federal or state law, last-illness medical and hospital bills, court judgments in order of entry, then all other claims.

N.J.S.A. 3B:22-2Read the statute text · codes.findlaw.comchecked Oct 5, 2026

State estate and inheritance tax

New Jersey has no estate tax for people who died on or after January 1, 2018, but it still has an inheritance tax. Spouses, civil union and domestic partners, parents, grandparents, children, stepchildren and grandchildren pay nothing; brothers, sisters and sons- or daughters-in-law pay 11% to 16% on amounts over $25,000; most other beneficiaries pay 15% to 16%. Qualified charities are exempt.

N.J.S.A. 54:34-2 (Transfer Inheritance Tax); N.J.S.A. 54:38-1 (estate tax)Read the statute · nj.govchecked Oct 5, 2026effective Jan 1, 2018

Closing an estate

In New Jersey, most estates close informally: when the executor or administrator pays each beneficiary, the beneficiary signs a refunding bond and release, which is filed with the county surrogate. An executor can also ask the Superior Court to approve a formal accounting, and cannot be forced to account until a year after appointment unless there is special cause.

N.J.S.A. 3B:23-24; N.J.S.A. 3B:17-2; N.J. Court Rules, R. 4:87Read the statute text · codes.findlaw.comchecked Oct 5, 2026