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Use This County Probate Reference Before You File

This page is built for the detailed county-level checks that generic probate guides usually miss: local filing fees, Surrogate's Court contact details, administrative orders, e-filing rules, and hearing logistics for Essex County.

Local Fee Schedule

Review county-specific probate filing charges before you estimate total case cost.

Court Rules and Orders

Check the local rules, judge procedures, and administrative orders that can change how a case moves.

Clerk and Filing Logistics

Confirm where to file, whether e-filing is allowed, and how hearings or notices are handled locally.

Essex County Surrogate's Court Guide

Vicinage 5 (Essex County) · Surrogate's Court information · Updated July 2026

973-621-4901Surrogate's Court

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Filing & Fees

Fee Schedule Signals

Probate Filing Fees

Filing TypeFee
Formal Administration
Standard probate for larger estates
$125
Small Estate Affidavit
For estates under threshold (no court filing needed)
$50

Note: New Jersey Surrogate fees are fixed by statute in N.J.S.A. 22A:2-30 and are identical in all 21 counties, so there is no separate Essex County probate filing fee and no percentage probate tax. Probate of a will of not more than two pages, including letters testamentary, is $100 plus $5 for each additional page. General administration of an intestate estate is $125 plus $5 per page for other documents. Administration ad prosequendum is $50. A short certificate is $5, and validating one within a year of issue is $3. The affidavit in lieu of administration under N.J.S.A. 3B:10-3 or 3B:10-4 is $5 per $100 of estate value and is capped at $50, so any affidavit estate above $1,000 pays the $50 cap. Filing the first paper in a Superior Court, Chancery Division, Probate Part action is $175, an answering paper is $110, a motion is $15, and a caveat is $25. A combined refunding bond and release of not more than two pages is $10. Under N.J.S.A. 22A:2-31 no fee is charged where the estate is under $100, and half fees apply where it does not exceed $200. The personal representative commission (N.J.S.A. 3B:18-13 and 3B:18-14) and the New Jersey Transfer Inheritance Tax are separate from these filing fees, as is the surety bond premium on an administration. Confirm the exact charge for your filing with the Essex County Surrogate's Court before relying on a total.

New Jersey Surrogate fees are fixed by statute in N.J.S.A. 22A:2-30 and are identical in all 21 counties, so there is no separate Essex County probate filing fee and no percentage probate tax. Probate of a will of not more than two pages, including letters testamentary, is $100 plus $5 for each additional page. General administration of an intestate estate is $125 plus $5 per page for other documents. Administration ad prosequendum is $50. A short certificate is $5, and validating one within a year of issue is $3. The affidavit in lieu of administration under N.J.S.A. 3B:10-3 or 3B:10-4 is $5 per $100 of estate value and is capped at $50, so any affidavit estate above $1,000 pays the $50 cap. Filing the first paper in a Superior Court, Chancery Division, Probate Part action is $175, an answering paper is $110, a motion is $15, and a caveat is $25. A combined refunding bond and release of not more than two pages is $10. Under N.J.S.A. 22A:2-31 no fee is charged where the estate is under $100, and half fees apply where it does not exceed $200. The personal representative commission (N.J.S.A. 3B:18-13 and 3B:18-14) and the New Jersey Transfer Inheritance Tax are separate from these filing fees, as is the surety bond premium on an administration. Confirm the exact charge for your filing with the Essex County Surrogate's Court before relying on a total.

Required Documents

  • Certified Death Certificate

    Order certified copies from the New Jersey Office of Vital Statistics and Registry or the local registrar. $25 for the initial search and one certified copy, $2 per additional copy of the same record ordered at the same time.

  • Original Will and Codicils

    The Surrogate needs the ORIGINAL signed will. Probating a copy requires a Superior Court action.

  • Application for Probate (county Surrogate form)

    Filed with the Surrogate of the county where the decedent lived at death. Requires the names, addresses, and ages of beneficiaries and next of kin. Cannot be granted until after 10 days from death.

  • Application for Letters of Administration (county Surrogate form)

    Used where the decedent died intestate. A surety bond is normally required, and renunciations from persons with equal or prior right may be needed.

  • Affidavit in Lieu of Administration

    Intestate estates only, under N.J.S.A. 3B:10-3 ($50,000 with a surviving spouse, civil union partner, or domestic partner) or 3B:10-4 ($20,000 without, with the written consent of the other heirs), for a decedent dying on or after January 19, 2016.

  • Short Certificate

    $5 each from the Surrogate. This is the proof of authority banks, brokers, and the Motor Vehicle Commission require. Many institutions want one issued within the last 30 to 60 days, so order several.

  • Notice of Probate and Proof of Mailing

    Mailed within 60 days of probate; proof of mailing filed with the Surrogate within 10 days of mailing (R. 4:80-6). $5 per page of the proof of mailing.

  • New Jersey Inheritance Tax Return(IT-R (resident) or IT-NR (nonresident))

    Required whenever any tax is due, or when property passes to someone other than a Class A beneficiary. Due within 8 months after the date of death.

  • Self-Executing Waiver, Form L-8(L-8)

    Filed directly with a bank or transfer agent in most Class A resident-decedent cases to release accounts and securities without a Division waiver. Cannot be used to transfer real estate.

  • Request for Real Property Tax Waiver, Form L-9(L-9 (resident) or L-9 NR (nonresident))

    Requests a real property tax waiver without filing a formal return, in qualifying cases.

  • Refunding Bond and Release

    Taken from each beneficiary on distribution and filed with the Surrogate (N.J.S.A. 3B:23-24). Filing a combined refunding bond and release of not more than two pages is $10, plus $5 per additional page.

E-Filing & Filing Methods

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Filing Methods: in person, by mail

Timelines & Proceedings

Deadlines & Creditor Claims

Key Deadlines

Will Deposit
Verify locally
Creditor Claims
9 months

Creditor Claims

Period Starts
date of death
Statute
N.J.S.A. 3B:22-4

Related Proceedings

Property Recording

Source ↗

Recording Fees

First Page
$30.00
Additional Pages
$10.00