Overview
Atlantic County is located in New Jersey with a population of approximately 274,534. The Atlantic County Surrogate's Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
New Jersey probate is governed by Title 3B of the New Jersey Statutes. The process begins with filing an Application for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
New Jersey offers simplified procedures for small estates. If the total value of the estate is $50,000 or less and there is a surviving spouse, an Affidavit of Surviving Spouse may be filed. For other next of kin, if the estate is valued at $20,000 or less, an Affidavit of Next of Kin may be used.
New Jersey does not have a statutory fee schedule for attorneys, but executors and administrators are entitled to statutory commissions based on the size of the estate (e.g., 5% on the first $200,000).
This guide provides an informational overview of the Atlantic County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Atlantic County Surrogate's Court
Probate matters in Atlantic County are handled at the Atlantic County Civil Court Building in Mays Landing.
Address: 5911 Main St, Mays Landing, NJ 08330
Phone: (609) 645-5800 (Surrogate's Office)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Surrogate's Court also maintains a satellite office in Atlantic City at 1201 Bacharach Blvd. However, the Mays Landing location is the primary office for probate filings.
Parking and Access
Free parking is available at the County Government Complex in Mays Landing. The building is accessible to the public during court hours. Security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit of Surviving Spouse: If the estate is valued at $50,000 or less and passes to a surviving spouse.
- Affidavit of Next of Kin: If the estate is valued at $20,000 or less and there is no surviving spouse.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Probate with the Atlantic County Surrogate's Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- List of next of kin with names and addresses
- Filing fee (typically starting at $100)
- Fact sheet or information form provided by the Surrogate
Note: New Jersey law requires a 10-day waiting period after death before a will can be probated, though you may file the papers sooner.
Step 3: Provide Notice
After filing and receiving Letters, you must:
- Mail Notice of Probate to all beneficiaries and next of kin within 60 days of the will being probated.
- File Proof of Mailing with the Surrogate's Court.
Step 4: Attend the Hearing
For standard administrative probate in New Jersey, a formal court hearing is often not required unless the will is contested or there are irregularities. The Surrogate can typically process the application administratively.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be made within 9 months of death)
- Inventory and appraise all estate assets
- Pay valid creditor claims and taxes
- File New Jersey Inheritance Tax or Estate Tax returns if applicable
- Distribute assets to beneficiaries
- File a Refunding Bond and Release for each beneficiary to close the estate
Local Requirements
Atlantic County-Specific Procedures
- Original Will: The Surrogate requires the original will; copies are generally not accepted for probate without a court order.
- Bond requirements: A surety bond is generally required for administrators of intestate estates to protect creditors and heirs, unless waived by the court. Executors usually do not need a bond if the will waives it.
- Appointment: It is recommended to call the Surrogate's Office to schedule an appointment for probate to ensure staff availability.
- Publication: While mailed notice is standard, publication in The Press of Atlantic City may be used for unknown creditors or heirs.
Always check with the Surrogate's Office for the most current local rules and forms.
Timeline & Fees
Filing Fees (Atlantic County)
- Probate of Will (up to 2 pages): approximately $100.00
- Each additional page: approximately $5.00
- Letters of Administration: approximately $125.00
- Short Certificates (Letters): approximately $5.00 per certified copy
- Affidavit of Surviving Spouse: approximately $50.00
- Affidavit of Next of Kin: approximately $50.00
Executors and administrators are entitled to statutory commissions (e.g., 5% on the first $200,000 of corpus).
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted but often carry a convenience fee.
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Creditors have 9 months from the date of death to file claims, which often sets the baseline for the estate's duration.
Local Resources
Atlantic County Court Resources
- Court Website: atlanticcountynj.gov/government/county-government/surrogate-s-office
- Probate Self-Help: njcourts.gov/self-help/guardianship
- New Jersey Probate Forms: njcourts.gov/forms
Legal Aid and Attorney Referrals
- Atlantic County Bar Association: (609) 344-3444 — Lawyer referral service
- South Jersey Legal Services: (609) 348-4200 — Legal aid for low-income residents
- New Jersey State Bar Foundation: njsbf.org
Publication
- The Press of Atlantic City: (609) 272-7000 — Major daily newspaper for legal notices