What you need to know
County Surrogate's Court · New Jersey Statutes Title 3B
Where Probate Is Handled in New Jersey
Many routine, uncontested probate matters are handled through the County Surrogate. Contested matters are handled through the Superior Court. The path an estate follows can therefore depend in part on whether the matter is routine and uncontested or requires additional court involvement.
Simplified Estates in New Jersey
New Jersey provides simplified options for certain smaller estates where there is no will. A surviving spouse or domestic partner may have a simplified option when the qualifying estate is $50,000 or less. A separate procedure may be available for certain other heirs when the estate is $20,000 or less. These are different procedures that apply in different circumstances, so the applicable threshold depends on who is handling the estate and the family circumstances.
If There Is No Will
New Jersey law determines who inherits probate assets when someone dies without a valid will. A surviving spouse or domestic partner's share depends on which other relatives survive and the family structure. The absence of a will therefore does not leave the distribution of probate assets undecided. State law determines who is entitled to receive them.
Executor Compensation
New Jersey uses a state-set commission schedule for executor compensation. The amount generally depends on the value of the estate and income received during the estate process. This differs from states that rely primarily on a general standard of reasonable compensation.
Rights of a Surviving Spouse or Domestic Partner
A surviving spouse or domestic partner may have the right to claim part of the estate in certain circumstances, even when a will provides something different. Those rights may therefore affect how the estate is ultimately distributed.
Creditor Claims
Creditors generally have 9 months after the person's death to submit a claim against the estate. A late claim may still affect assets that remain in the estate. The nine-month period therefore does not necessarily mean that every later claim automatically disappears, particularly when estate property has not yet been distributed.
New Jersey Inheritance Tax
New Jersey does not have a state estate tax for current deaths. It does, however, have an inheritance tax that may apply depending on the beneficiary's relationship to the person who died. Close family members are often treated differently from more distant relatives or unrelated beneficiaries. That makes who inherits the property an important part of determining whether New Jersey inheritance tax may apply.
Key things to know
The essentials for a New Jersey estate.
Worth knowing
Many routine, uncontested matters are handled through the County Surrogate.
Worth knowing
Contested matters are handled through the Superior Court.
Worth knowing
New Jersey's $50,000 and $20,000 simplified procedures apply in different situations when there is no will.
Worth knowing
Executor compensation generally follows a state-set commission schedule.
Worth knowing
A creditor claim made after 9 months may still affect assets that remain in the estate.
Worth knowing
New Jersey does not currently have a state estate tax.
Worth knowing
Whether New Jersey inheritance tax applies depends largely on who receives the property.
Compare to other states
Probate rules shift meaningfully once you cross a state line.
General information as of 2026-09-17, not legal advice for a specific estate. Dollar thresholds are indexed and change over time — confirm current figures before relying on any of them.