Probate

Probate Made Clear

How to probate a Last Will & Testament

Our official booklet explains, step by step, how to probate a Last Will & Testament in the Bergen County Surrogate’s Court. Reviewing the booklet before your appointment can reduce stress, help you prepare the right documents, and protect the legacy you have worked your whole life to build.

Download “How to Probate” booklet

Probate is the court process that confirms a Last Will and Testament is valid, appoints the executor named in the Will, and authorizes the executor to collect, manage, and distribute the decedent’s assets according to the Will.

Probate occurs in the county where the death certificate indicates that the decedent lived at the time of death, or in some cases, where the decedent owned property located only in Bergen County.

Under New Jersey law, although the Last Will and Testament may be presented for probate upon death, the Surrogate’s Court cannot admit the Will to probate until at least 10 days have passed since the date of death.

  • Completed Will Fact Sheet
  • Original Last Will and Testament (not altered or unstapled)
  • A certified death certificate with a raised seal
  • Names and addresses of immediate next of kin
  • Payment for statutory fees (typically $100–$200)
  • An appointment is required. Due to high volume and the sensitive nature of our work, we are unable to accommodate walk ins.

1. Surrogate’s Court reviews the Last Will and Testament, death certificate, and Will Fact Sheet, and prepares qualification papers.
2. The Executor signs qualification papers and takes an oath or affirmation to perform executor’s duties.
3. The Executor pays the statutory fee.
4. The Surrogate issues a Judgment of Probate.
5. Letters Testamentary are issued, confirming the Executor’s authority to act.

  • Collect and safeguard assets
  • Within 60 days of probate, notify beneficiaries and next of kin that the Will has been probated
  • File proof of mailing with County Surrogate
  • Pay debts, expenses, and taxes
  • Keep detailed records
  • Distribute assets according to the Last Will and Testament
  • Coordinate with professionals (attorneys, accountants, advisors)
  • May need to assist beneficiaries with non probate assets such as life insurance or retirement accounts.

Executors are generally entitled to a fee pursuant to New Jersey law.

Before final distribution, each beneficiary must sign a Release and Refunding Bond. This protects the estate if unexpected debts arise later.

  • Release: confirms that the beneficiary has received the distribution due from the estate.
  • Refunding Bond: allows the estate to recover funds if unexpected claims arise later.
Important note about legal and tax advice

This page provides a general overview of probate in Bergen County. It is not legal or tax advice for any specific case. Every estate is different. You may wish to consult an attorney, an accountant, or other professionals for guidance tailored to your situation.