Overview
Middlesex County is located in New Jersey with a population of approximately 863,000. The Middlesex 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 there is no will, a surviving spouse may file an Affidavit of Surviving Spouse for estates valued up to $50,000. Other next of kin may file an Affidavit of Next of Kin for estates valued up to $20,000.
Note that 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 Middlesex 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
Middlesex County Surrogate's Court
Probate matters in Middlesex County are handled at the Middlesex County Administration Building.
Address: 75 Bayard St, New Brunswick, NJ 08901
Phone: (732) 745-3055 (Probate Department)
Hours: Monday through Friday, 8:00 AM to 3:45 PM; Tuesday late nights until 6:00 PM. By appointment only.
The Surrogate's Court is located on the first floor of the County Administration Building. Appointments are required for probate filings; call ahead to schedule.
Parking and Access
Public parking is available in nearby parking decks in downtown New Brunswick, such as the Wellness Plaza deck or the Church Street deck. The building is accessible and has 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 decedent died without a will and the estate is valued at $50,000 or less, the surviving spouse may file this affidavit to claim assets without formal administration.
- Affidavit of Next of Kin: If there is no will and no surviving spouse, next of kin may file this affidavit for estates 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 Middlesex County Surrogate's Court. Note that probate cannot occur until 10 days after the decedent's death. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Estate Information Sheet
- Filing fee (check, money order, or credit card)
- List of heirs and next of kin
The court may require you to make an appointment to bring these documents in person.
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.
- Publish notice in a newspaper of general circulation in Middlesex County if the address of any interested party is unknown or to bar creditors (optional but recommended).
Step 4: Attend the Hearing
For standard administrative probate in New Jersey, a formal hearing before a judge is rarely required unless the will is contested. The Surrogate acts as the judge for uncontested matters. Once the 10-day waiting period has passed and documents are 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 number (EIN) for the estate
- Inventory and appraise all estate assets
- Pay valid creditor claims (creditors have 9 months to file claims after death)
- File applicable tax returns (NJ Inheritance Tax, Estate Tax, Federal returns)
- Distribute assets to beneficiaries
- File a Refunding Bond and Release for each beneficiary to close the estate
Local Requirements
Middlesex County-Specific Procedures
- Appointments: The Middlesex County Surrogate's Court operates by appointment only for probate filings. Call (732) 745-3055 to schedule.
- 10-Day Rule: Probate cannot be completed until 10 days have passed since the date of death.
- Payment: The court accepts checks, money orders, and credit cards (Visa, MasterCard, Discover).
- Publication: While not always mandatory for validity, publishing a Notice to Creditors in a local paper like The Home News Tribune or The Star-Ledger is recommended to limit creditor liability to 9 months.
Always check with the Surrogate's office for the most current local rules and appointment protocols.
Timeline & Fees
Filing Fees (Middlesex County)
- Probate of Will (up to 2 pages): approximately $100.00
- Each additional page: $5.00
- Administration (Intestate): $125.00 (up to $50,000 estate value)
- Short Certificates: $5.00 per certified copy
- Affidavit of Surviving Spouse: approximately $50.00
- Affidavit of Next of Kin: approximately $50.00
Fees are subject to change. Check the current fee schedule on the Surrogate's website.
Payment Methods
The court accepts cash, checks, money orders, and credit cards (Visa, MasterCard, Discover).
Estimated Timelines
- Simple estates: 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
Middlesex County Court Resources
- Court Website: middlesexcountynj.gov
- Probate Self-Help: NJ Courts Self-Help
- State Probate Forms: NJ Surrogate Forms
Legal Aid and Attorney Referrals
- Middlesex County Bar Association: (732) 828-3433 — Lawyer Referral Service
- Central Jersey Legal Services: (732) 249-7600 — Legal Aid
- NJ State Bar Lawyer Referral: njsba.com
Publication
- The Home News Tribune: (888) 516-9220 — Legal Notices
- The Star-Ledger: (732) 902-4300 — Legal Notices