Trust Me: You Don't Want Your Family Going Through This.
I guide New Jersey executors through probate every month, and nearly all of them say the same thing by the end: "I never want my kids to go through this." Below is exactly what probate involves — the courts, the frozen accounts, the taxes, the waiting. If you've just been named executor, I can take it off your plate. And if you haven't — keep reading, because this page is the best argument for an estate plan you'll ever see.
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Everything Below Is Optional for Your Own Family.
The court filings, the months of waiting, the fees — a properly built estate plan skips nearly all of it. One conversation is all it takes to find out what your family needs.
New Jersey Probate, Step by Step.
Locate the Will & Death Certificates
Find the original signed will and order several certified death certificates. If there's no will, the estate is "intestate" and New Jersey law determines who can serve and who inherits.
Probate the Will at the Surrogate's Court
Filed in the county where the decedent lived. New Jersey requires a short waiting period after death before the will can be admitted. The Surrogate issues your Letters and Surrogate's certificates — the documents banks and brokers will ask for.
Send Formal Notice
Within 60 days, beneficiaries and next of kin must receive formal notice of probate. Getting this right early prevents disputes later.
Marshal the Assets
Open an estate bank account, inventory everything — real estate, accounts, vehicles, personal property — and secure date-of-death values. This is where most executors get stuck; I handle the institutional back-and-forth.
Pay Debts & Taxes
Creditors, final income taxes, and — for some beneficiaries — New Jersey's inheritance tax, with a return generally due eight months after death. Tax waivers may be required before certain assets can be released.
Account & Distribute
A final accounting, refunding bonds and releases from beneficiaries, then distributions. Done correctly, this protects you — the executor — from personal liability.
What Will Probate Cost the Estate?
Between court fees, executor commissions, attorney fees, bonding, and the months of carrying costs while assets sit frozen, New Jersey probate routinely costs estates thousands — sometimes tens of thousands — of dollars.
Get a Real Number in 2 Minutes
Use the free calculator to estimate what probate will cost for your specific estate.
Do You Actually Need a Lawyer?
Not every estate does — and I'll tell you on the first call if yours is one you can handle yourself. You likely do want counsel if any of these apply:
Real Estate in the Estate
A house must be maintained, insured, possibly sold — and can't transfer cleanly without the right paperwork. (I handle the sale too.)
Inheritance Tax Exposure
Anything passing to siblings, nieces/nephews, friends, or partners triggers NJ inheritance tax filings and waivers.
Family Tension
A beneficiary questioning the will, an estranged sibling, a blended family — formal process is what keeps conflict from becoming litigation.
You're Out of State
Administering a New Jersey estate from elsewhere is miserable without local counsel handling the courts and the property.
Executor Questions, Answered.
How long does probate take in New Jersey?
Opening the estate at the Surrogate's Court is usually quick. Fully administering it — assets, debts, taxes, distributions — typically takes nine months to a year, longer if real estate must be sold or the inheritance tax applies.
Do all assets go through probate?
No. Jointly held property, life insurance and retirement accounts with named beneficiaries, and assets held in a trust all pass outside probate. Part of my first conversation with every executor is sorting which assets are actually in the estate.
Does the executor get paid?
Yes — New Jersey law entitles executors to a commission based on the value of the estate. Many family-member executors choose to waive it; we'll discuss what makes sense in your situation, including the tax consequences.
What if there's no will?
The Surrogate appoints an administrator (usually the closest relative), a bond is typically required, and New Jersey's intestacy statute — not your family's wishes — determines who inherits. The process is doable, but it's slower, costlier, and more rigid.
Two Ways I Can Help.
In probate right now? One call and I'll tell you exactly what the estate requires, what you can handle yourself, and what it costs if you'd like it off your plate.
Want to make sure your family never sees this page? A complete estate plan takes two to three weeks, for one flat fee — quoted upfront on your planning call.
The Himmel Law Firm • 277 North Broad Street, Elizabeth, NJ • Serving All of New Jersey