Overview
Burlington County is located in New Jersey with a population of approximately 475,515. The Burlington 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. A surviving spouse may file an Affidavit of Surviving Spouse if the estate assets do not exceed $50,000. If there is no surviving spouse, the next of kin may file an Affidavit of Next of Kin if the estate value does not exceed $20,000.
Note that New Jersey does not have a statutory fee schedule for attorneys; fees must be reasonable based on services rendered. 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 Burlington 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
Burlington County Surrogate's Court
Probate matters in Burlington County are handled at the Burlington County Courts Facility.
Address: 50 Rancocas Road, 1st Floor, Mount Holly, NJ 08060
Phone: (609) 265-5005
Fax: (609) 261-4511
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Surrogate's Court is located on the first floor of the Courts Facility. It serves as the administrative arm of the probate court, handling the filing of wills, appointment of administrators, and guardianships. The current Surrogate is Brian J. Carlin.
Parking and Access
Public parking is available in lots surrounding the county complex and along Rancocas Road. Visitors must pass through security screening upon entering the Courts Facility.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Affidavit of Surviving Spouse: Available if the estate is valued at $50,000 or less and the applicant is the surviving spouse.
- Affidavit of Next of Kin: Available if the estate is valued at $20,000 or less and there is no surviving spouse.
- Assets with beneficiary designations: Assets like life insurance, IRAs, and POD bank accounts generally bypass probate.
Step 2: File the Application
If formal probate is needed, you must wait 10 days after the decedent's death to file. Visit the Burlington County Surrogate's Court to file an Application for Probate. Bring:
- Original Will and Codicils (if any)
- Certified copy of the Death Certificate
- List of next of kin (names and addresses)
- Filing fee (check or money order)
- Valid photo ID
The Surrogate's staff typically prepares the necessary application forms during your appointment.
Step 3: Provide Notice
After the will is probated and letters are issued, 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: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, the personal representative must:
- Obtain a tax ID number (EIN) for the estate
- Open an estate bank account
- Inventory and appraise estate assets
- Pay valid debts and taxes (including NJ Inheritance Tax if applicable)
- Distribute remaining assets to beneficiaries
Step 5: Close the Estate
New Jersey allows for a simplified closing process. You can close the estate by filing:
- Refunding Bonds and Releases: Signed by each beneficiary acknowledging receipt of their share and releasing the executor from liability.
- Informal Accounting: Provided to beneficiaries (does not always need to be filed with the court unless compelled).
Local Requirements
Burlington County-Specific Procedures
- Appointments: The Surrogate's Court operates primarily by appointment. Call (609) 265-5005 to schedule before visiting.
- Payment: The court typically accepts cash, checks, or money orders. Credit cards are generally not accepted for filing fees.
- 10-Day Waiting Period: You cannot probate a will until 10 days have passed since the date of death.
- Publication: While not always mandatory for every estate, publishing a Notice to Creditors in the Burlington County Times is recommended to limit creditor claims to a 9-month period.
Timeline & Fees
Filing Fees (Burlington County)
- Probate of Will (up to 2 pages): $100.00
- Each additional page of Will: $5.00
- Letters of Administration: $125.00 (varies by estate value)
- Short Certificates: $5.00 per copy
- Affidavit of Surviving Spouse: ~$50.00 (varies)
- Affidavit of Next of Kin: ~$50.00 (varies)
Payment Methods
The court accepts cash, checks, and money orders. Credit and debit cards are not accepted.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The timeline is often dictated by the 9-month creditor claim period (if notice is published) and tax filing requirements.
Local Resources
Burlington County Court Resources
- Court Website: Burlington County Surrogate
- Probate Forms: Local Forms & Documents
- NJ Courts: New Jersey Courts
Legal Aid and Attorney Referrals
- Burlington County Bar Association: (609) 261-4542 — Lawyer Referral Service
- South Jersey Legal Services: (800) 496-4570 — Legal Aid
- NJ State Bar Foundation: njsbf.org