What documents are required to apply for probate appointment and oath in NJ?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Prepare Documents to Apply for Probate Appointment and Oath in NJ

This FAQ-style guide explains what you typically must file with the County Surrogate to obtain appointment as personal representative (executor or administrator) and to take the required oath in New Jersey. This is a general overview — not legal advice. See the Disclaimer at the end.

Detailed Answer — What documents you normally need

In New Jersey, probate (appointment of a personal representative) usually starts at the County Surrogate’s office in the county where the decedent lived. Every Surrogate’s office has local rules and forms, but the core documents you should expect to prepare and file are:

  • Original will (if one exists): File the original signed will. The court reviews the original when deciding whether to admit the will to probate and whether to appoint the nominated executor.
  • Death certificate (certified copy): A certified death certificate is required by the Surrogate to open the estate.
  • Petition or formal application for probate/appointment: Most Surrogate offices require a specific form or petition asking the court to admit the will (if any) and to appoint you as personal representative. This form requests basic facts about the decedent, the will, heirs, beneficiaries, and estimated estate value.
  • Oath of the personal representative: The person appointed must take an oath (or affirmation) promising to administer the estate faithfully. The Surrogate typically provides the oath form to be signed before a Surrogate, clerk, or other authorized official.
  • Renunciations, consents, or waivers from other potential personal representatives: If a nominated executor cannot or will not serve, or if other heirs must waive priority, you will file written renunciations or consents from those people. These documents help the Surrogate determine who has priority for appointment.
  • Bond documentation: If the will requires a bond, or if the Surrogate demands a bond for an administrator, you must file bond paperwork and surety information. Many wills include a provision waiving bond; in that case, a formal written waiver or verification of the waiver is submitted.
  • Affidavit of Heirs or Family Tree (if intestate or unclear heirs): If there is no will (intestate) or if family relationships are unclear, you will file an affidavit listing heirs, their addresses, and their relationship to the decedent. The Surrogate uses this to determine who may be appointed.
  • Inventory or schedule of known assets (estimated values): At intake you should give the Surrogate an initial list of the estate’s assets and estimated values (bank accounts, real estate, retirement accounts, personal property). The Surrogate or local rules will tell you if you must file a formal inventory immediately or later.
  • Proof of identity for the petitioner: Photo ID for the person asking for appointment (executor/administrator) and contact information.
  • Notice and service paperwork: Many counties require proof that next-of-kin and beneficiaries received notice or that proper publication or service was made. Expect to prepare mailing lists and service affidavits.
  • Filing fees and forms for tax or reporting: Bring the required filing fee (check the county Surrogate’s fee schedule). Also check New Jersey Division of Taxation guidance for any estate- or inheritance‑related filings that may be required for your particular estate.

Example (typical scenario): Jane Doe dies in Bergen County, leaving a signed will naming her friend as executor. To open probate the friend takes the original will, a certified death certificate, the Surrogate’s petition form, a signed oath, proof of ID, and the required filing fee to the Bergen County Surrogate. If no one objects and the will waives bond, the Surrogate admits the will, administers the oath, and issues Letters Testamentary to the friend.

Where to file and where to get forms: file and take the oath at the County Surrogate’s office where the decedent resided. Many Surrogate offices publish local intake checklists and mandatory forms on the New Jersey Courts website; start there to get county-specific instructions: https://www.njcourts.gov/selfhelp/wills_estates.html and review the County Surrogate pages at https://www.njcourts.gov/courts/surrogates.html.

Timing and basic process — concise steps

  1. Gather the original will (if any) and a certified death certificate.
  2. Contact the County Surrogate where the decedent lived to confirm required forms, fees, and whether the petition must be scheduled or can be filed in person or by mail.
  3. Complete the Surrogate’s petition/application and the oath form. Obtain any required renunciations, consents, bond documentation, and proof of identity.
  4. File the documents and pay fees. The Surrogate reviews the papers. If everything is in order, the Surrogate admits the will (if any), administers the oath, and issues Letters Testamentary or Letters of Administration.
  5. Serve required notices and follow the Surrogate’s instructions about inventories, creditor claims, and tax filings.

Helpful Hints

  • Check the County Surrogate’s website first — counties sometimes require different forms, signatures, or notarizations.
  • Bring the original will; photocopies usually won’t substitute for the Surrogate’s initial review.
  • Get multiple certified death certificates early. Banks and other institutions typically request certified copies.
  • If the will waives bond, bring a copy of the clause that waives bond and confirm whether the Surrogate accepts that waiver or seeks additional proof.
  • Prepare a simple asset list before filing; this speeds the intake and helps the Surrogate set any inventory deadlines.
  • If the estate seems small, ask the Surrogate about any simplified or small‑estate procedures that speed appointment and distribution.
  • Expect to give notice to beneficiaries and creditors. Missing required notices can delay or complicate administration.
  • Keep neat copies of everything you file and get stamped‑received copies when you deliver forms in person.
  • Fees vary by county and by estate size — confirm the exact fee and acceptable payment methods with the Surrogate in advance.
  • When in doubt, call the Surrogate’s intake clerk and ask what the local checklist requires for appointment and oath.

When to consider talking with an attorney

Contact an attorney if you encounter any of the following:

  • Multiple potential personal representatives dispute who has priority.
  • The will is contested, ambiguous, or you suspect it is invalid.
  • Significant, hard‑to‑value assets (business interests, complex retirement plans) complicate inventory or tax filings.
  • Creditors assert large or questionable claims against the estate.
  • There may be federal or state tax issues, or you need advice on bond, surety, or fiduciary liability.

Useful official links

  • New Jersey Courts — Wills & Estates (self-help and forms): https://www.njcourts.gov/selfhelp/wills_estates.html
  • New Jersey Courts — County Surrogates information: https://www.njcourts.gov/courts/surrogates.html
  • New Jersey Division of Taxation (estate/inheritance guidance and forms): https://www.state.nj.us/treasury/taxation/

Disclaimer: This article explains general New Jersey probate practice and is provided for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, contact a licensed New Jersey attorney or the County Surrogate’s office.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.