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Short answer: If your parent owned the house solely (not as joint tenants with right of survivorship and not in a living trust), you generally must open an estate in the county Surrogate’s Court (probate) so an administrator can be appointed and then transfer title to the heirs according to New Jersey’s intestacy rules. If the property was owned jointly, or there is a beneficiary designation or trust, the property may pass outside probate. This is general information, not legal advice.

Step‑by‑step process

1. Confirm how the house was owned.
   • If the deed names two or more people as joint tenants with right of survivorship, the surviving joint tenant(s) typically become sole owner(s) automatically — no probate. Check the deed at the county recorder/registrar.
   • If the deed names the decedent as tenants in common, or the decedent was sole owner, probate is normally required to transfer title.
   • If the house is held in a revocable living trust, the trustee follows the trust terms and probate may be avoided.
2. Locate the death certificate and check for a will (there isn’t one in your case).

   Because you said your parent died without a will, the estate will be administered under New Jersey intestacy law.

3. Open an estate in Surrogate’s Court (probate).

   You (or another close family member) must file an application with the county Surrogate’s Court in the county where the decedent lived. The Surrogate issues Letters of Administration (sometimes called Letters of Office) to the person appointed to manage the estate. That person can then collect assets, pay valid bills, and transfer property to heirs.

   New Jersey Courts explain probate procedures and the Surrogate’s role: https://www.njcourts.gov/selfhelp/wills-estates/probate.html.

4. Identify the heirs under New Jersey intestacy rules.

   New Jersey law sets who inherits when there is no will. Typically:

   • If the decedent is survived by a spouse and children, the spouse and children share the estate under the statutory formula.
   • If there is no spouse, the children inherit equally.
   • If no spouse or children, parents, siblings, and more remote relatives may inherit.

   For the specific statutory rules see New Jersey’s intestacy provisions (N.J. statutes): New Jersey Legislature (N.J.S.A. Title 3B — Estates and Future Interests). For practical guidance on intestacy see the New Jersey Courts’ probate resources: https://www.njcourts.gov/selfhelp/wills-estates/index.html.

5. Administrator transfers the house to the heirs.

   Once the Surrogate appoints an administrator and the estate clears debts and taxes, the administrator will prepare and sign a deed transferring the house from the estate to the heirs named by intestacy. That deed is recorded at the county recorder/registrar of deeds to update title.

6. Address liens, mortgages, taxes, and closing tasks.

   The administrator must pay valid debts and mortgages from estate funds (or arrange payoff). The county may require a recorded affidavit, tax forms, or proof of release of mortgage. Check the county recorder/registrar and the local tax assessor for required forms and any transfer/recording fees.

   For state tax questions (estate/inheritance transfer tax, filing requirements), consult the New Jersey Division of Taxation: https://www.state.nj.us/treasury/taxation/.

7. If the estate is small, look for simplified options.

   New Jersey provides some limited simplified procedures for small estates or for transferring certain personal property without full probate. But because real estate is involved, probate or a court order is often required. Check with the county Surrogate’s office whether any simplified path applies.

8. Record the deed and update records.

   After the deed is signed and notarized by the administrator, record it with the county recorder/registrar to change the public record. Update homeowner’s insurance and notify the local tax assessor to ensure tax billing goes to the new owners.

What to expect — timing and costs

Probate timelines vary. Simple estates can take a few months; complex estates (liens, real estate, creditor disputes) can take a year or more. Expect court filing fees, possible publication costs, fees for an attorney (if you hire one), and fees to record a deed. Some Surrogate’s offices allow unrepresented family members to open small estates, but a real estate transfer usually benefits from professional help.

When to call an attorney

• Title or deed language is unclear (joint tenancy vs tenants in common).
• There are substantial debts, an outstanding mortgage, or creditor claims.
• Disputes among heirs about who gets what.
• Possible tax issues or business/real estate investments in the estate.

Helpful links (New Jersey government resources)

• New Jersey Courts — Probate & Estates self‑help: https://www.njcourts.gov/selfhelp/wills-estates/probate.html
• New Jersey Courts — general wills & estates resources: https://www.njcourts.gov/selfhelp/wills-estates/index.html
• New Jersey Legislature homepage (statutes — Title 3B concerns estates): https://www.njleg.state.nj.us/
• NJ Division of Taxation: https://www.state.nj.us/treasury/taxation/

Helpful hints

• Start by pulling a copy of the deed from the county recorder/registrar — it answers whether the property passes automatically.
• Obtain several certified copies of the death certificate; courts, banks, and the county recorder will ask for them.
• Contact the county Surrogate’s office for a checklist of forms and local filing fees — Surrogate procedures vary by county.
• Keep careful records of estate expenses and communications with creditors — the administrator must account for estate money.
• If siblings plan to co‑own the property, get the ownership split and responsibilities in writing before recording a deed; consider a buy‑out or sale if co‑ownership won’t work long term.
• Consider a title search to identify any unpaid liens or judgments against the property before transferring title.