Did your loved one have a will? 

Yes: Under New Jersey law, the Surrogate admits Wills to probate, which means that the Will is proved to have been executed in the manner required by law. If you are named as an executor in a Will, you should visit the Surrogate's Court in the County in which the decedent resided. 

Probating a will

No: When a person dies intestate, or without having a Will, the Surrogate must decide who will administer the estate. If you are the closest living relative of the decedent, you should visit the Surrogate's Court to make application for administration of the Estate.

Administration of an estate without a will

If there is no Will, and the decedent is survived by a spouse, and the estate is under $50,000.00, a "Surviving Spouse" affidavit can be issued by the Surrogate. 

If there is no Will, and the decedent is survived by heirs, and the estate is under $20,000.00, a "next of kin" affidavit can be issued by the Surrogate to one of the surviving next-of-kin upon receipt of consent forms from all other surviving heirs. 

Affidavits in Lieu of Administration

Please visit our Guardianship page for more information. 

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