Overview
Salem County is located in New Jersey with a population of approximately 65,874. The Salem 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 a surviving spouse and the estate assets are valued at $50,000 or less, a "Surviving Spouse Affidavit" may be used. If there is no surviving spouse but there are other next of kin, and the estate is valued at $20,000 or less, a "Next of Kin Affidavit" is available.
New Jersey does not have a statutory fee schedule for attorneys; fees must be reasonable. Executors and administrators 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 Salem 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
Salem County Surrogate's Court
Probate matters in Salem County are handled at the Salem County Courthouse.
Address: 92 Market Street, Suite A122, Salem, NJ 08079
Phone: (856) 935-7510 ext. 8323
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Surrogate's Court is located on the first floor of the administration building. Appointments are strongly recommended for probate filings.
Parking and Access
Street parking is available along Market Street and Broadway near the courthouse. Visitors should check for posted time limits. There are also small municipal lots within walking distance. Security screening is required upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate (Spouse): If the estate is valued at $50,000 or less and passes to a surviving spouse, file an Affidavit of Surviving Spouse.
- Small Estate (Next of Kin): If the estate is valued at $20,000 or less and there is no spouse, file an Affidavit of Next of Kin.
- 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 Salem County Surrogate's Court. Note that probate cannot occur until 10 days after the decedent's death. Include:
- Original Last Will and Testament (if applicable)
- Certified death certificate
- List of heirs and next of kin with addresses
- Filing fee (typically starting at $100)
- Valid photo ID for the executor/administrator
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 (optional but recommended for creditor protection) in a newspaper of general circulation in Salem County.
Step 4: Administer the Estate
After receiving Letters Testamentary or Administration, the personal representative must:
- Open an estate bank account
- 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 with the Surrogate's Court to close the estate.
Local Requirements
Salem County-Specific Procedures
- Appointments: The Surrogate's Office typically requires appointments for probate filings. Call (856) 935-7510 ext. 8323 to schedule.
- 10-Day Waiting Period: By NJ law, a will cannot be admitted to probate until 10 days after the decedent's death.
- Refunding Bonds: Salem County requires a filed "Refunding Bond and Release" from beneficiaries before the executor is discharged.
- Publication: While not strictly mandatory for all estates, publishing a Notice to Creditors in the South Jersey Times or Elmer Times is standard practice to limit creditor claims.
Timeline & Fees
Filing Fees (Salem County)
- Probate of Will (up to 2 pages): $100.00
- Each additional page: $5.00
- Letters of Administration: Varies by estate value (typically starts ~$125)
- Short Certificates: $5.00 each
- Renunciations: $5.00 each
- Small Estate Affidavit: ~$5.00 - $50.00 depending on value
Payment Methods
The court accepts cash, checks (made payable to "Salem County Surrogate"), and money orders. Credit cards may be accepted but often carry a convenience fee.
Estimated Timelines
- Simple estates: 9-12 months (Refunding Bonds generally cannot be filed until 9 months after death)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Note: The NJ Inheritance Tax return (if required) must be filed within 8 months to avoid interest.
Local Resources
Salem County Court Resources
- Court Website: surrogate.salemcountynj.gov
- State Probate Forms: NJ Courts Self-Help Forms
Legal Aid and Attorney Referrals
- Salem County Bar Association: Local referral information available via NJ State Bar.
- South Jersey Legal Services: (856) 935-8800 — Legal aid for low-income residents.
- NJ State Bar County Bar Associations: njsba.com
Publication
- South Jersey Times: (856) 686-3600 — General circulation
- Elmer Times: (856) 358-6171 — Local weekly