Overview
Hudson County is located in northeastern New Jersey with a population of approximately 736,185, making it one of the most densely populated counties in the state. The Hudson 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 Surrogate then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates. Uncontested matters are handled by the elected Surrogate; complex or contested cases are referred to the Superior Court, Chancery Division, Probate Part.
New Jersey offers simplified procedures for small estates. If the total value of the estate is $50,000 or less and there is a valid will, a simplified probate can be used. If the estate is $20,000 or less and there is no will, an Affidavit of Next of Kin may be filed. For estates passing entirely to a surviving spouse, the Affidavit of Surviving Spouse applies to estates valued at $50,000 or less.
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 of corpus).
This guide provides an informational overview of the Hudson 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
Hudson County Surrogate's Court
Probate matters in Hudson County are handled at the Hudson County Administration Building in Jersey City.
Address: 595 Newark Avenue, 4th Floor, Room 407, Jersey City, NJ 07306
Phone: (201) 795-6378 (Surrogate's Office)
Email: hcsurrogate@hcnj.us
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Surrogate's Court is located on the fourth floor of the Administration Building. The current Surrogate is Tilo E. Rivas. The office handles all filings related to wills, estates, guardianships, and adoptions.
Parking and Access
Street parking is limited in the area around the Administration Building. Several public parking lots and garages are available within walking distance. The building is accessible via public transit, including the Newark Avenue light rail station. Visitors must pass through security screening 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.
- Joint accounts and beneficiary designations: Assets with named beneficiaries or joint owners bypass probate.
Step 2: File the Application
If formal probate is needed, file an Application for Probate with the Hudson 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. Contested matters are transferred to the Superior Court, Chancery Division, Probate Part.
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
Hudson County-Specific Procedures
- Document Submission: The Surrogate's Office accepts documents by mail, email, and secure dropbox in addition to in-person filing. Contact the office at (201) 795-6378 or hcsurrogate@hcnj.us for current submission options.
- 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 unless waived by the court. Executors usually do not need a bond if the will waives it.
- Publication: Publication in The Jersey Journal or another newspaper of general circulation may be required for unknown creditors or heirs.
- Multilingual Community: Given Hudson County's diverse population, the Surrogate's Office may be able to assist with certain language accommodations.
Always check with the Surrogate's Office for the most current local rules and forms.
Timeline & Fees
Filing Fees (Hudson 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 / Next of Kin: approximately $50.00
- Filing in Superior Court, Probate Part: $175.00
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
Hudson County Court Resources
- Court Website: hudsoncountynj.org/surrogate
- Hudson Surrogate Website: hudsonsurrogate.org
- New Jersey Probate Forms: njcourts.gov/self-help/forms
Legal Aid and Attorney Referrals
- Hudson County Bar Association: (201) 798-2727 — Lawyer referral service
- Legal Services of New Jersey: (888) 576-5529 — Free legal help for low-income residents
- Northeast New Jersey Legal Services: (201) 792-6363 — Legal aid for Hudson County residents
- New Jersey State Bar Foundation: njsbf.org
Publication
- The Jersey Journal: (201) 653-1000 — Major newspaper of general circulation for Hudson County