NJ Executor Guide
How to Get Letters Testamentary in New Jersey
In New Jersey the county Surrogate probates the will and issues letters — after a 10-day wait the statute builds in.
New Jersey Surrogate fee calculator
Applies the statewide N.J.S.A. 22A:2-30 fees to the figures you enter. Renunciations ($5, plus $3 for each additional person), longer codicils, bonds and other filings add to it, and a county’s packaging of certificates can differ — the Surrogate’s office can confirm the total.
Where do you apply for letters in New Jersey?
Court Rule 4:80-1 has the application filed with the Surrogate’s Court of the county in which the decedent was domiciled at death. The statute (N.J.S.A. 3B:3-24) also allows probate in the Superior Court, which is where a contested matter goes.
What do you bring to the Surrogate?
- The original will (and any codicils)
- A certified death certificate — the court rules require proof of death
- A list of heirs at law, with addresses — Mercer County, for example, asks for this
- Payment of the fees
Counties differ on details, so check the county Surrogate’s page before you go. The will cannot be admitted to probate until after 10 days from the death (N.J.S.A. 3B:3-22), although the papers can be filed earlier.
What are the New Jersey Surrogate’s fees?
Unlike many states, New Jersey sets these fees by statute for every county (N.J.S.A. 22A:2-30):
| Item | Fee |
|---|---|
| Probate of a will of up to two pages, including letters testamentary | $100 |
| Each additional page | $5 |
| Probate of each codicil of up to one page | $25 |
| General administration (no will) | $125 |
| Short certificates | $5 each |
| Renunciation | $5, plus $3 for each additional person |
| Caveat, filing or withdrawing | $25 |
What is a caveat?
A caveat is an objection filed with the Surrogate. If one is filed before judgment, the Surrogate’s Court cannot act (Court Rule 4:82) and the matter moves to the Superior Court — the point at which families typically bring in a New Jersey attorney.
What has to happen after letters issue?
| When | What |
|---|---|
| Within 60 days of probate | Mail every beneficiary and heir notice of the probate; file proof of mailing with the Surrogate within 10 days (Rule 4:80-6) |
| 8 months from death | NJ inheritance tax return (IT-R) due, where required — see NJ inheritance tax |
| 9 months from death | Creditor deadline under N.J.S.A. 3B:22-4 |
| Before distributing | Each beneficiary signs a refunding bond and release, filed with the Surrogate |
The NJ deadline calculator puts the 8- and 9-month dates on a timeline from the date of death.
What if there is no will?
The Surrogate grants letters of administration — first to the surviving spouse or domestic partner if they will accept (N.J.S.A. 3B:10-2), then to heirs; anyone applying ahead of a person with an equal or prior right files that person’s renunciation or gives them notice (Court Rule 4:80-3). An administrator generally gives bond (N.J.S.A. 3B:15-1), except a surviving spouse to whom the entire estate is payable. An executor named in a will does not, unless they live out of state and the will does not waive it. See NJ intestacy for who inherits.
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Frequently asked questions
How do I get letters testamentary in New Jersey?
The executor named in the will applies to the Surrogate’s Court of the county where the decedent was domiciled, bringing the original will and a certified death certificate (counties typically also ask for a list of heirs). The will cannot be admitted to probate until 10 days after the death; once it is, the Surrogate issues letters testamentary and short certificates.
How much does the Surrogate charge to probate a will in New Jersey?
The fees are set by statute for every county (N.J.S.A. 22A:2-30): $100 to probate a will of up to two pages, including letters testamentary, plus $5 for each additional page; $25 for each codicil of up to one page; and $5 for each short certificate.
Why do I have to wait 10 days after the death?
N.J.S.A. 3B:3-22 says no will shall be admitted to probate until after 10 days from the death. The papers can be filed before then, but the probate itself waits.
What is a short certificate in New Jersey?
It is the document the executor uses as proof of authority to transfer or sell the decedent’s assets. Institutions usually each keep one, so executors typically order one per bank, brokerage or other holder. Each costs $5.
What notice has to go out after probate?
Within 60 days after the will is probated, the executor must mail every beneficiary and heir a written notice of the probate — where and when, the executor’s name and address, and that a copy of the will is available on request — and file proof of mailing with the Surrogate within 10 days (Court Rule 4:80-6).
What if there is no will?
The Surrogate grants letters of administration, first to the surviving spouse or domestic partner if they accept (N.J.S.A. 3B:10-2), then to heirs. General administration costs $125, and an administrator generally gives bond — except a surviving spouse to whom the entire estate is payable.