Overview
Bergen County is located in New Jersey with a population of approximately 955,732. The Bergen 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 or domestic partner, they may file an Affidavit of Surviving Spouse. If there is no surviving spouse and the estate is valued at $20,000 or less, next of kin may file an Affidavit of Next of Kin.
New Jersey does not have a statutory fee schedule for attorneys; fees must be reasonable. Executors 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 Bergen 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
Bergen County Surrogate's Court
Probate matters in Bergen County are handled at the Bergen County Surrogate's Court.
Address: Two Bergen County Plaza, Suite 5000, Hackensack, NJ 07601
Phone: (201) 336-6700 (Probate Department)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Surrogate's Court is located on the 5th floor of the county administration building. Note: The court may operate by appointment only for probate filings; call ahead to schedule.
Parking and Access
Visitor parking is available in the parking deck adjacent to the administration building. The facility is ADA accessible with security screening at the entrance.
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 spouse/partner.
- 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 Bergen County Surrogate's Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Fact Sheet/Information Form
- Filing fee (typically $100–$200 depending on page count)
- List of next of kin and beneficiaries
Note: New Jersey law requires a 10-day waiting period after death before a will can be admitted to probate, 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 appointment.
- File Proof of Mailing with the Surrogate's Court.
Step 4: Attend the Hearing
Probate in New Jersey is often an administrative process handled by the Surrogate's staff without a formal court hearing, unless the will is contested. If the application is in order, the Surrogate issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Obtain a tax ID (EIN) for the estate
- Open an estate bank account
- Inventory and appraise estate assets
- Pay valid creditor claims and taxes (including NJ Inheritance Tax if applicable)
- Distribute assets to beneficiaries
- File a Refunding Bond and Release for each beneficiary to close the estate
Local Requirements
Bergen County-Specific Procedures
- Appointments: The Bergen County Surrogate often requires appointments for probate filings. Call (201) 336-6700 to schedule.
- Fact Sheet: A local "Fact Sheet" or information form is typically required to accompany the will.
- Payment: The court accepts checks (payable to "Bergen County Surrogate's Court"), cash, and credit cards (with a convenience fee).
- Publication: Unlike some states, New Jersey generally does not require newspaper publication for standard probate unless creditors are unknown or the court orders it.
Always check with the Surrogate's Office for the most current local rules.
Timeline & Fees
Filing Fees (Bergen County)
- Probate of Will: Approximately $100 for the first two pages + $5 for each additional page
- Administration (No Will): Based on the value of the estate (starts around $125)
- Short Certificates: $5.00 per certificate
- Small Estate Affidavit: Approximately $50–$125 depending on the specific affidavit type
- Renunciations: $5.00 each
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa/Mastercard/Discover). A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 1 year or more
Factors affecting timeline include the 10-day initial waiting period, NJ Inheritance Tax clearance (if applicable), and the 9-month creditor claim period (if invoked).
Local Resources
Bergen County Court Resources
- Court Website: Bergen County Surrogate
- Probate Forms: Forms & Downloads
- NJ Courts Self-Help: NJ Courts Probate
Legal Aid and Attorney Referrals
- Bergen County Bar Association: (201) 488-0044 — Lawyer Referral Service
- Northeast New Jersey Legal Services: (201) 487-2166 — Legal Aid
- NJ State Bar Foundation: njsbf.org
Publication
- The Record: (888) 504-4280 — General circulation
- The Star-Ledger: (973) 392-4100 — Statewide circulation