Common New Jersey Probate Mistakes to Avoid

Go to the Surrogate, not a court clerk

New Jersey probate opens with the elected Surrogate of the county where the decedent lived at death. All 21 counties have one, and there are no independent cities. A contested matter moves to the Superior Court, Chancery Division, Probate Part.

Nothing can be probated for 10 days

No will may be admitted to probate until after 10 days from the death of the testator (N.J.S.A. 3B:3-22). Use that window to gather the original will, certified death certificates, and beneficiary details.

Calendar nine months from the DATE OF DEATH for creditors

Claims must be presented in writing and under oath within nine months of the death (N.J.S.A. 3B:22-4). New Jersey requires no publication, so nothing you do shortens that window.

Calendar eight months from the date of death for the inheritance tax

The Transfer Inheritance Tax return must be filed and the tax paid within eight months after the date of death (N.J.S.A. 54:35-1). It comes due BEFORE the creditor window closes.

Mail the Notice of Probate within 60 days

Notice goes to beneficiaries and the persons designated by R. 4:80-1(a)(3) within 60 days of probate, and proof of mailing is filed with the Surrogate within 10 days after mailing (R. 4:80-6).

There is no New Jersey estate tax, but there is still an inheritance tax

N.J.S.A. 54:38-1(a)(4) imposes no estate tax on a resident decedent dying on or after January 1, 2018. The Transfer Inheritance Tax was never repealed and still taxes siblings, nieces, nephews, and friends.