Short answer

Generally no. Under New Jersey practice, assets that passed automatically to your mother by right of survivorship (for example, joint bank accounts titled “A & B, as joint tenants with right of survivorship,” or real estate held as joint tenants with right of survivorship) ordinarily pass outside of probate and are not listed as part of the decedent’s probate inventory filed with the Surrogate.

How survivorship transfers work in New Jersey

When an asset is owned jointly with a right of survivorship, ownership automatically transfers to the surviving co‑owner at the moment of death. The transfer bypasses probate because title changes by operation of law rather than by will or by administration of the estate. The Surrogate’s Court deals with the probate estate — property that is owned solely by the decedent at death or property that must be administered through the estate — so assets that pass by survivorship generally are not part of that probate estate.

For general information about estate administration and the Surrogate’s Court in New Jersey, see the New Jersey Courts Surrogate page: https://www.njcourts.gov/courts/surrogates/. You can also consult the New Jersey Legislature site for statutes governing probate (Title 3B): https://www.njleg.state.nj.us/.

When you do NOT include survivorship assets on the probate inventory

• Clear joint-tenancy bank or brokerage accounts titled with the decedent and the surviving person as joint tenants with right of survivorship.
• Real property titled as joint tenants with right of survivorship (or as tenants by the entirety where applicable) that passes automatically to the survivor.
• Payable-on-death (POD) or transfer-on-death (TOD) designations that name your mother as beneficiary — those transfer outside probate.

Important exceptions — when disclosure or inclusion may be required

You should not assume every survivorship-style transfer is untouchable. Common exceptions where you may need to disclose or include the asset on an inventory or otherwise address it in estate administration include:

• Disputed ownership: If someone challenges the survivorship claim (for example, alleging the account was changed shortly before death to defeat creditors or heirs), the Surrogate or a court may require disclosure and may bring the asset into the probate estate.
• Constructive or resulting trust claims: If the facts suggest the joint-title device was used merely to give the survivor access while the decedent retained the beneficial interest, a court might treat the asset as part of the estate.
• Creditor, tax, or government claims: Creditors or state agencies (including for Medicaid recovery) sometimes seek to reach nonprobate transfers depending on timing and intent; disclosure can be required in those contexts.
• Inventory/Accounting rules for your county Surrogate: Some Surrogates request information about nonprobate transfers for completeness or for computing estate administration fees and for determining whether ancillary actions are needed.

Practical steps to take

1. Gather documentation: get account statements, deeds, account title pages, POD/TOD forms, and the death certificate.
2. Confirm title language: verify whether the wording is “joint tenants with right of survivorship,” “tenants by the entirety,” “POD/TOD,” or something else. That language controls how the transfer occurs.
3. Contact the institution: banks, brokerages, and registrars often have established procedures for transferring title to the surviving owner; they will tell you what documents the survivor must present (typically a death certificate and ID).
4. Talk to the Surrogate’s office: before filing an estate inventory, contact the Surrogate in the county where the decedent lived and ask whether they want nonprobate transfers disclosed. Local practice varies.
5. Consult an attorney if there is any dispute, creditor issue, or suspicious timing: if the transfer was very recent or if significant assets are involved, get legal advice to avoid later litigation or creditor exposure.

Hypothetical examples (illustrative)

Example 1 — Typical survivorship transfer: Jane and her son John hold a bank account as “Jane Doe and John Doe, joint tenants with right of survivorship.” Jane dies. The bank will generally transfer the account to John without probate; John typically does not list that account as part of Jane’s probate inventory.

Example 2 — Disputed situation: The same account was retitled in Jane’s name and John’s name three days before Jane’s unexpected death. Other heirs argue John was added solely to avoid creditors. The Surrogate or a court could require disclosure and may bring the account into the probate estate pending resolution.

When to get legal help

Talk to an attorney if any of the following apply: competing heirs dispute ownership; the decedent had large debts or potential Medicaid recovery issues; you suspect the title change was a sham; or the institution refuses to transfer funds to the survivor. An attorney can assess whether the asset should be included in estate paperwork or defended as a valid survivorship transfer.