How long does New Jersey probate take?

No statute sets a total; the clocks include the ten days before a will may be admitted (N.J.S.A. 3B:3-22), the notice of probate within sixty days after it (R. 4:80-6), the four or six months to set aside a probate (R. 4:85-1), the creditors' nine months to present claims (N.J.S.A. 3B:22-4), the six months during which no action lies against the personal representative (N.J.S.A. 3B:14-40), the elective share's six months after the appointment (N.J.S.A. 3B:8-12) and the inheritance tax's eight months before interest runs (N.J.S.A. 54:35-3). An estate with a dispute or an inheritance-tax return takes longer.

Is there a small-estate procedure in New Jersey?

Yes, for an intestate estate. Where the value of the real and personal assets does not exceed $50,000, the surviving spouse or partner may collect them on an affidavit, the first $10,000 free of the decedent's debts (N.J.S.A. 3B:10-3); where there is no surviving spouse or partner and the value does not exceed $20,000, one of the heirs may do so with the written consent of the others (N.J.S.A. 3B:10-4).

Who files the will, and where?

The executor offers the will for probate before the Surrogate of the county of the testator's domicile, who admits it and grants letters (N.J.S.A. 3B:3-17), not before ten days after the death (N.J.S.A. 3B:3-22); where a caveat, a doubt or a dispute arises, the Superior Court, Chancery Division, Probate Part, decides (R. 4:82). The executor then mails the will's beneficiaries and the next of kin the notice of probate within sixty days and files proof within ten days (R. 4:80-6). A trustee under the will accepts by obtaining letters of trusteeship from the same Surrogate (N.J.S.A. 3B:11-2; R. 4:80-9).

New Jersey Probate, Explained

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What is probate?

Probate is the process that settles a deceased person's estate — admitting any will, appointing a personal representative, paying valid claims and expenses, and distributing what remains to the heirs or devisees. In New Jersey the county Surrogate admits a will to probate and grants the letters (N.J.S.A. 3B:3-17), and the Superior Court's Chancery Division, Probate Part, hears every controversy about wills, trusts and estates and the accounts of fiduciaries (N.J.S.A. 3B:2-2). Assets that pass another way (a funded Trust, beneficiary designations, property held with a right of survivorship) generally skip probate.

The main types of New Jersey probate

The will, the Surrogate and the letters

No will is admitted to probate until ten days after the death, though the papers may be filed and the executor qualified before that (N.J.S.A. 3B:3-22); the Surrogate admits the will and issues letters testamentary or of administration with the will annexed (N.J.S.A. 3B:3-17), unless a caveat, a doubt on the face of the will, a lost will or a dispute sends the matter to the Superior Court (R. 4:82). Within 60 days after probate the personal representative mails a notice of probate to the beneficiaries and the next of kin and files proof of mailing with the Surrogate within 10 days (R. 4:80-6).

The creditors' nine months, the spouse's election and the estate's clocks

An administration runs on its own clocks: creditors present their claims to the personal representative within nine months after the death, after which the representative is not liable for what was paid out before the claim arrived (N.J.S.A. 3B:22-4); no action other than for funeral expenses is brought against the representative within six months after the letters without the court's leave (N.J.S.A. 3B:14-40); the court does not require an inventory until three months after the letters (N.J.S.A. 3B:16-2); the surviving spouse's elective share is claimed by a complaint within six months after the appointment (N.J.S.A. 3B:8-1; N.J.S.A. 3B:8-12); and the transfer inheritance tax is due at the death and bears interest after eight months (N.J.S.A. 54:35-1; N.J.S.A. 54:35-3). A trust itself is settled in court only when someone brings it there (N.J.S.A. 3B:2-2).

Small estates

Where an intestate's real and personal assets will not exceed $50,000, the surviving spouse, partner in a civil union or domestic partner takes them without administration on an affidavit before the Surrogate, the first $10,000 free of the decedent's debts (N.J.S.A. 3B:10-3); where they will not exceed $20,000 and there is no surviving spouse or partner, an heir with the other heirs' written consent does the same for all of them (N.J.S.A. 3B:10-4).

What happens in a New Jersey probate

After ten days from the death, present the will to the county Surrogate for probate and qualify as executor, obtaining the letters (N.J.S.A. 3B:3-22; N.J.S.A. 3B:3-17); a trustee under the will obtains letters of trusteeship by filing an acceptance and the power of attorney for service of process (N.J.S.A. 3B:11-2; R. 4:80-9).
Within 60 days after probate, mail the notice of probate to every beneficiary under the will and the next of kin, with proof of mailing filed within 10 days (R. 4:80-6); watch the creditors' nine months from the death (N.J.S.A. 3B:22-4).
Gather and value the estate's assets; the court does not require an inventory and appraisal until three months after the letters, and calls for one only where the court or the family exemption does (N.J.S.A. 3B:16-2). The Division of Taxation's consent comes before a bank or broker transfers a resident decedent's assets, except to a spouse, parent, grandparent, child or descendant (N.J.S.A. 54:35-19).
Pay the valid claims, taxes and administration expenses — where the assets are insufficient, in the statutory order (N.J.S.A. 3B:22-2) — after the creditors' nine months have run; file the inheritance tax return and pay the tax, which bears interest eight months after the death (N.J.S.A. 54:35-3).
Distribute what remains and close the estate — by a release from each beneficiary of full age who is not incapacitated, filed in lieu of an account (N.J.S.A. 3B:17-1), or by an account settled in the Superior Court (R. 4:87-1).

Can you avoid probate in New Jersey?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations and property held with a right of survivorship generally pass outside probate, and a small estate may be collected by the spouse's or an heir's affidavit (N.J.S.A. 3B:10-3; N.J.S.A. 3B:10-4). What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a New Jersey attorney can advise on your estate.

General information about New Jersey law, not legal advice.

Frequently asked questions

How long does New Jersey probate take?: No statute sets a total; the clocks include the ten days before a will may be admitted (N.J.S.A. 3B:3-22), the notice of probate within sixty days after it (R. 4:80-6), the four or six months to set aside a probate (R. 4:85-1), the creditors' nine months to present claims (N.J.S.A. 3B:22-4), the six months during which no action lies against the personal representative (N.J.S.A. 3B:14-40), the elective share's six months after the appointment (N.J.S.A. 3B:8-12) and the inheritance tax's eight months before interest runs (N.J.S.A. 54:35-3). An estate with a dispute or an inheritance-tax return takes longer.
Is there a small-estate procedure in New Jersey?: Yes, for an intestate estate. Where the value of the real and personal assets does not exceed $50,000, the surviving spouse or partner may collect them on an affidavit, the first $10,000 free of the decedent's debts (N.J.S.A. 3B:10-3); where there is no surviving spouse or partner and the value does not exceed $20,000, one of the heirs may do so with the written consent of the others (N.J.S.A. 3B:10-4).
Who files the will, and where?: The executor offers the will for probate before the Surrogate of the county of the testator's domicile, who admits it and grants letters (N.J.S.A. 3B:3-17), not before ten days after the death (N.J.S.A. 3B:3-22); where a caveat, a doubt or a dispute arises, the Superior Court, Chancery Division, Probate Part, decides (R. 4:82). The executor then mails the will's beneficiaries and the next of kin the notice of probate within sixty days and files proof within ten days (R. 4:80-6). A trustee under the will accepts by obtaining letters of trusteeship from the same Surrogate (N.J.S.A. 3B:11-2; R. 4:80-9).

General information about New Jersey law, not legal advice.