Probate of a will is a legal process in which the Surrogate Court establishes the validity of the will and appoints an executor. An estate is opened in the county where the decedent resided at the time of their death. If the decedent has titled assets in their name alone ― such as bank accounts, motor vehicles, real estate, stocks, etc. ― probating the will enables the executor to transfer title to these assets.

If the will meets all statutory requirements, the executor will be appointed by the Surrogate and given the authority to transfer the decedent’s assets by way of Short Certificates.

A Short Certificate is the document issued by the Surrogate. The executor will use the Short Certificate as proof of their authority to transfer or sell the decedent’s assets. A Short Certificate is needed for the transfer or sale of any asset that is solely in the decedent’s name.

Requirements to a Probate a Will 

The following is required to probate a will in Middlesex County:

• Decedent must have been a resident of Middlesex County when they died
• Certified death certificate for the decedent
• Decedent’s original will – if one exist. If you are mailing the original will to our office, please mail it through certified mail with tracking. 
• Probate fee

Additionally, in order to probate a will, you must provide the Surrogate’s Office with certain official documents, show valid identification, pay a fee, and provide additional information regarding all next of kin of the decedent. Be sure to bring the following to the County Surrogate’s Office:

• Original will with original signatures. Please note that the County Surrogate’s Office keeps the original will.
• Certified copy of death certificate. A certified copy of the death certificate includes a raised seal and can be obtained from the Office of Vital Statistics.
• Valid identification. Examples of valid identification include:
• Check or credit card for payment. The Middlesex County Surrogate’s Office does not accept American Express or cash.
• Information regarding the executor. If the first named executor in the will is deceased, bring in their original death certificate. The executor named in the will must apply for Letters of Testamentary, which are usually issued to the executor during the initial meeting with the surrogate
• Information on next of kin. Bring the names and addresses of all next of kin of the decedent, even if these individuals are not listed in the will.

How the probate process is handled depends on if the decedent had a will. If your loved one died with a will, then the first step is to determine if the will designates an executor.

If the will designates an executor:

• The executor named in the will should visit the Middlesex County Surrogate’s Court during office hours. The original, signed will and certified death certificate must be provided to the Probate Clerk. The original will is then retained by the Surrogate's Court and archived.
• The executor should be prepared to pay probate fees at their appointment. Payment may be made by check or by Visa, Mastercard, or Discover. Please note: The Surrogate’s Court cannot accept a check with the decedent's name on it unless it is a joint spousal account.
• If an executor has died, you must provide a copy of their death certificate. If an executor is physically or mentally unable to fulfill their duties, you must provide a letter from a physician stating this. If an executor does not wish to serve, they must sign a Renunciation Form provided by the Surrogate's Court. 

If there are no executors named in the will, or if the named executors are no longer living or are living but are unwilling to serve, please call the Surrogate's Court to review your options.

Ten (10) full days must pass, including the tenth day, after the death for the Surrogate's Court to issue probate certificates. However, an executor may apply in the interim.  

The Surrogate's Court will issue Short Certificates (Letters Testamentary) to the executor, which the executor will use to obtain access to the decedent's estate assets.  

The executor will then distribute the assets pursuant to the terms of the will.

The Surrogate may not act when:

• A caveat is filed before entry into judgement

• The Surrogate certifies that the case will be one of doubt or difficulty

• A dispute arises as to any matter

Under these circumstances, the estate must be admitted through the Superior Court instead.

Primary Duties of an Executor 

An executor has specific responsibilities that they are required to fulfill. An executor must:

• Open probate proceedings by filing the decedent’s will in the Surrogate’s Court in the county in which the deceased resided at the time of their death
• Identify, collect, and manage all assets of the estate
• Pay all the debts and taxes owed by the estate
• Distribute property according to the will of the decedent

The Surrogate Court Fees

See chart below

A general administration process is used when someone dies without a valid will. In these circumstances, it is the duty of the decedent’s immediate next of kin to make an application to the Surrogate’s Court.

The applicant should bring the following to the Surrogate’s Court:

• Official death certificate
• Detailed list of assets in the deceased’s name
• Names and addresses of any next of kin (heir at laws which, as defined by NJ law, are people who have the right of inheritance in the property of a person who has died intestate).
• Check or credit card for payment. (American Express or cash not accepted)

The applicant should appear in the Surrogate’s Court with:

• Death certificate
• A detailed list of assets in deceased’s name
• Name and addresses of next of kin (heir at laws)
• Check or credit card for payment. (American Express or cash not accepted)

The Administration Process

In the absence of a will, the Surrogate’s Court will appoint an administrator to administer the estate:

• The decedent's closest next of kin have a right to apply as administrator. The decedent's spouse has first rights to apply. If the decedent has no spouse, but has two children, those children have equal rights to apply. If one of those two children died, but had a child of their own, then their child would take their place. For more information regarding who has rights to apply as administrator, please contact the Office of the Surrogate at 732-745-3055.
• If a party with rights to apply as administrator does not wish to do so, they may sign a Renunciation Form which is provided by the Probate Clerk. The Renunciation Form must be signed in the presence of a notary public or the Probate Clerk. 
• The administrator should be prepared to pay probate fees at their appointment. Payment may be made via check, or by Visa, Mastercard, or Discover. Please note: The Surrogate’s Court cannot accept a check with the decedent's name on it unless it is from a joint account.
• The administrator may need to secure a Surety Bond. The Surrogate's Court will review this possibility at the appointment.  
• The Surrogate's Court will issue Administration Certificates which the administrator will use to administer the estate.   
• The administrator will then distribute the assets pursuant to New Jersey statute.

A Small Estate Affidavit in lieu of administration may be an option when there is no will and the value of the estate does not reach a certain threshold.  

In New Jersey, the term “small estate” refers to estates that are valued at less than $50,000 for a surviving spouse or less than $20,000 for next of kin. In situations where the deceased died intestate, or without a will, a Small Estate Affidavit is a form that allows the decedent’s heirs to avoid a lengthy process in settling the estate.

The Surrogate Court requires specific information identifying each individual asset and its value in order to determine the overall value of the estate. For example, if the deceased’s vehicle is an asset, the Surrogate Court would need the year, make, model, and vehicle identification number (VIN), as well as the value of the vehicle. For the deceased’s bank account, the account number and exact dollar amount in the account must be provided.

If the required information regarding assets is unknown or unavailable, the Surrogate Court can then provide a court order to determine the assets of the estate.  

Types of Small Estate Affidavits

There are two types of Small Estate Affidavits:

• Affidavit of Surviving Spouse. This affidavit can be issued to a spouse, civil union partner, or domestic partner (with proof) if the total assets are less than $50,000 and are solely in the decedent's name.