Overview
Passaic County is located in New Jersey with a population of approximately 526,597. The Passaic 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 there is no will and the estate is valued at $50,000 or less, a surviving spouse or domestic partner 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 based on a percentage of the estate; fees must be reasonable based on services rendered. Executors may be 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 Passaic 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
Passaic County Surrogate's Court
Probate matters in Passaic County are handled at the Passaic County Surrogate's Court.
Address: 71 Hamilton Street, Room 101, Paterson, NJ 07505
Phone: (973) 881-4760 (Surrogate's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (closed 12:30 PM - 1:30 PM for lunch)
The Surrogate's Court is located in the County Administration Building in downtown Paterson. Important: The entrance at 71 Hamilton Street is closed; visitors must enter through 77 Hamilton Street. The court also offers "Night Court" hours by appointment at satellite locations throughout the county, including West Milford, Totowa, Hawthorne, Wayne, and Paterson.
Parking and Access
Public parking is available at the Center City Parking Garage (125 Market Street) and other nearby lots. Metered street parking is also available but can be limited. The building is accessible to those with disabilities.
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 there is no will, a surviving spouse or partner may use this simplified affidavit.
- Affidavit of Next of Kin: If the estate is valued at $20,000 or less and there is no will/spouse, next of kin may use this affidavit.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate with the Passaic 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
- List of heirs and next of kin with addresses
- Filing fee (typically starting at $100)
- Application for Probate form
The Surrogate's Court often requires appointments for probate filings.
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.
- Publish notice (Notice to Creditors) in a newspaper of general circulation in Passaic County if you wish to limit creditor claims (optional but recommended).
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 after the 10-day waiting period.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be made within 9 months if notice is published)
- 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
Passaic County-Specific Procedures
- Appointments: The Passaic County Surrogate's Court typically operates by appointment. Call ahead to schedule.
- Night Court: The Surrogate offers extended hours at satellite locations throughout the county, including West Milford, Totowa, Hawthorne, Wayne, and Paterson, on specific dates for convenience.
- Bond: A surety bond is generally required for intestate estates (no will) unless waived by the court, but is often waived in wills.
- Publication: While not strictly mandatory for appointment, publishing a Notice to Creditors in The Record or Herald News is recommended to protect the executor from future liability.
Always check with the Surrogate's Office for the most current local rules and appointment availability.
Timeline & Fees
Filing Fees (Passaic County)
- Probate (Will): Starts at $100.00
- Administration (Intestate): Starts at $125.00
- Each additional page of Will: $5.00
- Short Certificates: $5.00 per copy
Note: Fees for simplified affidavit procedures should be verified directly with the Surrogate's Court.
Payment Methods
The court accepts cash and checks only (made payable to "Passaic County Surrogate Court"). Credit 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 10-day waiting period after death is mandatory before probate can be officially granted.
Local Resources
Passaic County Court Resources
- Court Website: passaiccountynj.org
- Probate Self-Help: NJ Courts Self-Help
- State Probate Forms: Passaic County Forms
Legal Aid and Attorney Referrals
- Passaic County Bar Association: (973) 345-4585 — Lawyer Referral Service
- Northeast New Jersey Legal Services: (973) 523-2900 — Legal Aid
- NJ State Bar Lawyer Referral: njsba.com
Publication
- The Record: (888) 504-4280 — General circulation
- Herald News: (888) 504-4280 — General circulation