Overview
Gloucester County is located in New Jersey with a population of approximately 312,000. The Gloucester 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 a Petition 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, the 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 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 Gloucester 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
Gloucester County Surrogate's Court
Probate matters in Gloucester County are handled at the Gloucester County Surrogate's Court.
Address: 17 North Broad Street, Woodbury, NJ 08096
Phone: (856) 853-3282 (General Inquiries) | (856) 853-3286 (Appointments)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (by appointment only)
The Surrogate's Court is located in the county complex in Woodbury. It serves as the Deputy Clerk of the Superior Court, Chancery Division, Probate Part, and handles the probate of wills, appointment of administrators, and guardianships.
Parking and Access
Metered street parking is available along South Broad Street, Lafayette Street, and Warren Street. There is also a public parking garage located at 24 Hunter Street. Visitors should allow extra time for security screening upon entering the building.
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 or domestic partner.
- Affidavit of Next of Kin: If there is no surviving spouse and the estate is valued at $20,000 or less.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Gloucester County Surrogate's Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Estate Information Sheet (Fact Sheet)
- Filing fee (typically starting at $100)
- Valid photo identification
Note: Probate cannot occur until 10 days after the date of death, but you may file the paperwork sooner.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the probate to all heirs, beneficiaries, and next of kin within 60 days of the will being probated.
- Publish notice (if required for creditor protection) in a newspaper of general circulation in Gloucester County.
Step 4: Attend the Hearing
For standard uncontested probate, a formal hearing is often not required if all paperwork is in order. The Surrogate can process the application administratively. If there is a dispute (a "caveat" is filed), a hearing before a Superior Court judge will be scheduled.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (New Jersey allows a 9-month period for creditors to file claims)
- Inventory and appraise all 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
Gloucester County-Specific Procedures
- Appointments: The Surrogate's Office requires appointments for in-person visits. Call (856) 853-3286 to schedule.
- Payment: The court typically accepts cash, checks, or money orders. Credit cards may not be accepted for all fees—verify beforehand.
- Publication: While not strictly mandatory for all estates, publishing a Notice to Creditors in the Gloucester County Times or Courier-Post is recommended to limit creditor liability.
New Jersey has an Inheritance Tax that applies to transfers to certain beneficiaries (e.g., siblings, nieces/nephews), though Class A beneficiaries (spouses, children, parents) are exempt.
Timeline & Fees
Filing Fees (Gloucester County)
- Probate of Will (up to 2 pages): approximately $100
- Each additional page: approximately $5
- Certified copies of Letters: approximately $5 per certificate
- Certified Copy of Will: approximately $50 (first 2 pages) + $5/page
- Publication costs: approximately $150-$250 depending on the newspaper
Payment Methods
The court accepts cash, checks, and money orders. Checks should be made payable to "Gloucester County Surrogate."
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The 9-month creditor claim period often dictates the minimum timeline for final distribution.
Local Resources
Gloucester County Court Resources
- Court Website: gloucestercountynj.gov
- Probate Forms: gloucestercountynj.gov/524/Forms
- NJ Courts Self-Help: njcourts.gov
Legal Aid and Attorney Referrals
- Gloucester County Bar Association: (856) 848-4071 — Lawyer Referral Service
- South Jersey Legal Services: (856) 964-2010 — Legal Aid
- NJ State Bar Lawyer Referral: njsba.com
Publication
- Gloucester County Times: (856) 845-3300 — Legal Notices
- Courier-Post: (856) 663-6000 — Legal Notices