Overview
Somerset County is located in New Jersey with a population of approximately 345,361. The Somerset 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 of Will 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 or domestic partner, they may file an Affidavit of Surviving Spouse if the estate's value does not exceed $50,000. If there is no surviving spouse, the next of kin may file an Affidavit of Next of Kin if the estate's value does not exceed $20,000.
New Jersey does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; however, executors are entitled to commissions based on the size of the estate (e.g., 5% on the first $200,000) unless the will specifies otherwise.
This guide provides an informational overview of the Somerset 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
Somerset County Surrogate's Court
Probate matters in Somerset County are handled at the Somerset County Administration Building.
Address: 20 Grove Street, P.O. Box 3000, Somerville, NJ 08876
Phone: (908) 231-7003
Hours: Monday through Friday, 8:30 AM to 4:30 PM, and until 6:00 PM on Wednesdays. Office visits are by appointment only.
The Surrogate's Court is located in the historic county seat of Somerville. The Surrogate acts as the judge of the Surrogate's Court and also serves as the Deputy Clerk of the Superior Court, Chancery Division, Probate Part.
Parking and Access
Public parking is available in the parking deck located off of East High Street behind the Administration Building. There is also metered street parking available in the surrounding area. Visitors must pass through 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: Available if the estate is valued at $50,000 or less and the sole heir is the surviving spouse or domestic partner.
- Affidavit of Next of Kin: Available 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.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate with the Somerset 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 next of kin with names and addresses
- Filing fee (typically starting at $100)
- Valid photo ID for the executor
The Surrogate's Office now offers e-Probate services to initiate the process online.
Step 3: Provide Notice
After the will is probated and letters are issued, you must:
- Mail notice of the probate to all beneficiaries and next of kin within 60 days of the date of probate.
- File a proof of mailing with the Surrogate's Court.
Step 4: Administer the Estate
After receiving Letters Testamentary or Letters of Administration, the personal representative must:
- Obtain a tax ID number (EIN) for the estate
- Open an estate bank account
- Inventory and appraise all estate assets
- Pay valid creditor claims (creditors have 9 months to file claims)
- File applicable tax returns (NJ Inheritance Tax, Federal Estate Tax, Income Tax)
- Distribute assets to beneficiaries
- File a Refunding Bond and Release for each beneficiary to close the estate
Local Requirements
Somerset County-Specific Procedures
- 10-Day Waiting Period: By law, a will cannot be admitted to probate until 10 days after the decedent's death. You may file the application earlier, but letters will not be issued until the 10th day.
- E-Filing: Somerset County utilizes an e-Probate system allowing you to upload documents and begin the process remotely.
- Short Certificates: You will likely need multiple "Short Certificates" (Surrogate's Certificates) to prove your authority to banks and other institutions. These cost $5.00 each.
- Publication: While general notice to creditors is standard, specific publication requirements may depend on the judge's order in formal litigation; however, standard probate typically requires mailing notice to beneficiaries rather than newspaper publication.
Timeline & Fees
Filing Fees (Somerset County)
- Probate of Will (up to 2 pages): $100.00
- Each additional page: $5.00
- Letters of Administration (Intestate): $125.00 (for estates up to $50,000)
- Affidavit of Surviving Spouse: $50.00
- Affidavit of Next of Kin: $50.00
- Short Certificates: $5.00 per certified copy
Payment Methods
The court accepts cash, checks (made payable to "Somerset County Surrogate"), and credit cards (Visa, MasterCard, Discover). A convenience fee applies to credit card transactions.
Estimated Timelines
- Simple estates: 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The 9-month creditor claim period significantly influences the timeline for final distribution.
Local Resources
Somerset County Court Resources
- Court Website: somersetcountynj.gov
- Probate Self-Help: NJ Courts Self-Help
- State Probate Forms: NJ Judiciary Forms
Legal Aid and Attorney Referrals
- Somerset County Bar Association: (908) 685-2323 — Lawyer Referral Service
- Legal Services of Northwest Jersey: (908) 231-0840 — Provides legal aid to eligible low-income residents
- NJ State Bar County Bar Associations: njsba.com
Publication
- The Courier News: (888) 516-9220 — Newspaper of general circulation
- The Star-Ledger: (973) 392-4100 — Statewide circulation