Detailed answer — What you need to know and the step‑by‑step process

When a person dies owning assets that are subject to New Jersey jurisdiction (for example, they lived in a New Jersey county at death or owned real estate in New Jersey), the county Surrogate’s Court handles probate and administration of the decedent’s estate. Living outside New Jersey does not automatically prevent you from starting probate or serving as the personal representative (executor or administrator), but the process has specific steps and practical requirements.

Step 1 — Confirm whether New Jersey probate is required

• Determine the decedent’s domicile and where their assets are located. If the decedent was a New Jersey domiciliary or owned New Jersey real estate or bank accounts titled in New Jersey, probate or an ancillary probate in New Jersey is likely required.
• If assets are jointly held, held in trust, or titled to a payable-on-death beneficiary, those assets may pass outside probate. Collect account statements and deeds to identify what must pass through the Surrogate’s Court.

Step 2 — Locate the original will (if any) and obtain a certified death certificate

• The original will (not a copy) is typically required to open a probate case in New Jersey. If you cannot find it, note where it might be (safety deposit box, attorney, or with the decedent’s papers).
• Order multiple certified copies of the death certificate from the Vital Records office. You will need certified copies for banks, title companies, and the Surrogate’s Office.

Step 3 — Identify the correct Surrogate’s Court

• Probate matters are handled by the Surrogate’s Office in the county where the decedent was domiciled at death (or where real property is located for ancillary matters). Use the New Jersey Courts Surrogates directory to find the correct office and forms: https://www.njcourts.gov/courts/surrogates.html

Step 4 — File the appropriate petition and supporting documents

• If there is a will: file a petition for probate (letters testamentary) with the county Surrogate and submit the original will, a certified death certificate, and any required county forms.
• If there is no will: file a petition for administration (letters of administration) and provide the death certificate and affidavit(s) identifying heirs.
• Many Surrogates provide fillable forms and instructions on their websites; check the county page before visiting. See New Jersey Courts probate and estate administration resources: https://www.njcourts.gov/selfhelp/willsestate/index.html

Step 5 — Qualification, bond, and non‑resident considerations

• New Jersey courts allow non‑resident individuals to serve as personal representatives, but the Surrogate may require additional steps. In many cases, a non‑resident appointee must post a surety bond unless the will waives bond or all interested parties consent to waive bond. Whether a bond is required and the amount depends on the estate and the will’s provisions.
• If several beneficiaries agree, they can often waive bond in writing, which avoids the cost of a bond. If the will explicitly waives bond, the Surrogate may admit the will without requiring one. If you are named as executor and you are out of state, check the will and the county Surrogate’s requirements for bond and qualification.
• Some personal representatives designate a local agent or hire a New Jersey attorney or accountant to handle day‑to‑day administration or to accept service of process locally. This can simplify handling real property, local banks, or court appearances.

Step 6 — Obtain Letters and manage estate administration

• After the Surrogate admits the will or appoints an administrator and issues Letters Testamentary or Letters of Administration, you will be able to collect and manage estate assets, pay creditors and taxes, and distribute assets following New Jersey law.
• The Surrogate may require inventory or accounting filings at certain stages. Keep clear records and get certified copies of Letters to present to banks and title companies.

Step 7 — Ancillary administration (if the decedent was domiciled elsewhere)

• If your sibling was domiciled in another state but owned New Jersey real property (or other NJ‑situated assets), you may need to open an ancillary probate in the county where the property is located. The ancillary proceeding administers only the assets in New Jersey and is typically smaller in scope.

Key New Jersey legal references

Probate and administration matters in New Jersey are governed by Title 3B of the New Jersey statutes (Administration of Estates) and by local Surrogate practice. For general statutory authority and background, see the New Jersey legislative statutes portal: https://www.njleg.state.nj.us/statutes and the New Jersey Courts’ information on Surrogates and estate administration: https://www.njcourts.gov/courts/surrogates.html and https://www.njcourts.gov/selfhelp/willsestate/index.html

Because county Surrogates have local procedures and forms, visit the specific county Surrogate page for the exact filing steps and fees.

Practical checklist for an out‑of‑state personal representative

1. Confirm domicile and identify all NJ assets (real property, bank accounts, vehicles titled in NJ).
2. Locate the original will and order certified copies of the death certificate.
3. Contact the county Surrogate’s Office where probate should be filed; download county forms and instructions.
4. Decide whether you will serve personally or appoint a local co‑personal representative or agent for service; consider hiring a NJ attorney to file and manage court matters.
5. If required, obtain a surety bond (ask local bonding companies or an attorney for quotes) or secure written waivers from beneficiaries to avoid bond.
6. Prepare an inventory of assets and a list of likely creditors; notify banks and relevant agencies after you have Letters.
7. Keep careful records; obtain certified copies of Letters from the Surrogate for financial institutions and title companies.

Helpful hints — Make the process smoother

• Call the county Surrogate before you travel. Many Surrogates allow mail or electronic filing for non‑residents and will explain required documents and fees.
• Use a local New Jersey attorney if you cannot travel. An attorney can appear for you, prepare petitions, and handle bond issues.
• If the will names you as executor but you prefer not to serve, you can decline; the Surrogate will appoint another qualified person.
• Gather original documents early: the original will, death certificate, deeds, account statements, and any pre‑paid funeral contracts.
• Expect timelines to vary by county and by estate complexity. Simple probate can take a few months; estates with real estate or disputes take longer.
• Watch for creditors’ claims deadlines and tax filing responsibilities (estate tax or final personal income tax returns).