Overview
Union County is located in New Jersey with a population of approximately 594,160. The Union 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 and Letters Testamentary 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. An Affidavit of Surviving Spouse may be used if the estate is valued at $50,000 or less and passes to the surviving spouse. An Affidavit of Next of Kin is available for estates valued at $20,000 or less when there is no surviving spouse.
New Jersey does not have a statutory fee schedule for attorneys; fees must be reasonable based on services rendered. 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 Union 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
Union County Surrogate's Court
Probate matters in Union County are handled at the Union County Courthouse (Old Annex).
Address: 2 Broad Street, Old Annex, 2nd Floor, Elizabeth, NJ 07207
Phone: (908) 527-4280 (Surrogate's Office)
Hours: By appointment only
The Surrogate's Court is located in the Old Annex building of the county courthouse complex. The current Surrogate is Christopher Hudak, Esq. Appointments are required for probate filings.
Parking and Access
Public parking is available in the J. Christian Bollwage Parking Garage on West Jersey Street and other nearby lots. Street parking is available but can be limited. Visitors must pass through security screening upon entering the courthouse.
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 spouse/partner.
- 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.
Step 2: File the Petition
If formal probate is needed, file an Application for Probate with the Union County Surrogate's Court. Include:
- Original Will and Codicils (if any)
- Certified death certificate
- Information Sheet (Fact Sheet)
- Filing fee amount (typically starting at $100)
- List of next of kin with addresses
E-filing is available for attorneys and pro se/out-of-state filers via the CBS e-filing system at https://efile.cbs-nj.com/webfactsheet/. Original documents may still need to be presented to the Surrogate for certain filings.
Step 3: Provide Notice
After filing and qualification, you must:
- Mail notice of probate to all beneficiaries and next of kin within 60 days after the will is admitted to probate (Rule 4:80-6).
- Publish notice in a newspaper of general circulation in Union County if required to notify creditors (optional but recommended to limit claims).
Step 4: Attend the Hearing
New Jersey probate is typically administrative. There is usually no formal hearing for uncontested wills. You will meet with a probate clerk who reviews the documents. If 10 days have passed since death and papers are in order, the Surrogate issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be presented within 9 months of death)
- Inventory and appraise all estate assets within 3 months (if required)
- Pay valid creditor claims
- File federal and state tax returns as needed (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
Union County-Specific Procedures
- Appointments: The Union County Surrogate requires scheduling an appointment to probate a will. Walk-in services are not available.
- 10-Day Waiting Period: Probate cannot be issued until 10 days after the decedent's death, though you may file papers sooner.
- Satellite Office: Union County maintains a satellite office in Westfield (Colleen Fraser Building, 300 North Avenue East, Westfield, NJ 07090) for convenience; check the county website for hours.
- E-filing: E-filing is available through the CBS system for attorneys and eligible filers.
- Publication: Notice generally must be published in a newspaper of general circulation in Union County for creditor protection.
Bring a check or money order for fees; credit cards may be accepted but often carry a service fee.
Timeline & Fees
Filing Fees (Union County)
- Probate of Will (up to 2 pages): approximately $100
- Administration (Intestate): $135
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $100-$150 depending on the newspaper
- Each additional page of Will: $5
Executors are entitled to a commission of 5% on the first $200,000 of estate corpus, 3.5% on the excess over $200,000 up to $1 million, and 2% on the excess over $1 million.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards (Visa/MasterCard) are accepted with a convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2 years
The 10-day statutory waiting period applies before Letters can be issued. Tax clearance (NJ Inheritance/Estate Tax) can extend the timeline.
Local Resources
Union County Court Resources
- Court Website: ucnj.org/surrogate
- Probate Self-Help: Union County Probate FAQ
- New Jersey Probate Forms: NJ Courts Forms
- E-filing System: CBS E-filing
Legal Aid and Attorney Referrals
- Union County Bar Association: (908) 354-5984 — Lawyer Referral Service
- Central Jersey Legal Services: (908) 354-4340 — Legal Aid for eligible residents
- New Jersey State Bar Association: County Bar Associations
Publication
- The Star-Ledger: (973) 392-4100 — General circulation
- Union County Local Source: (908) 686-7700 — Local legal notices