Detailed Answer — Serving as Administrator of an Intestate Estate in New Jersey

Short answer: If your mother died without a will and she was a New Jersey resident, you generally apply to the county Surrogate’s Court where she lived to be appointed as the estate’s administrator (sometimes called a personal representative or administrator ad prosequendum). The Surrogate’s office will tell you what forms, documents, and notices you must file, whether a surety bond is required, and how the estate will be distributed under New Jersey intestacy rules.

Step-by-step process

1. Confirm jurisdiction and locate the Surrogate’s office. In New Jersey, probate matters are handled by the county Surrogate’s Court where the decedent resided. Contact that Surrogate for local forms, filing fees, and appointment procedures. New Jersey courts and Surrogate information: njcourts.gov. For the state statutes governing estates and fiduciaries, see Title 3B of the New Jersey Statutes: New Jersey Legislature.
2. Gather key documents. Typical required items include the decedent’s certified death certificate, a list of known assets (bank accounts, real property, vehicles, life insurance), a list of known debts and creditors, and the names and addresses of heirs and potential beneficiaries. The Surrogate will tell you exactly which forms to file.
3. Determine whether the estate qualifies for a simplified procedure. Some very small or uncomplicated estates may be eligible for simplified or summary procedures. If the estate is not eligible, you will file a formal petition for letters of administration.
4. Prepare and file the petition (application) for letters of administration. The petition asks the Surrogate to appoint you as administrator because the decedent died intestate. You must identify all statutory heirs and any other persons entitled to notice. The Surrogate will publish or mail required notices to interested persons and may schedule a hearing if there is any contest or question about priority.
5. Priority for appointment and eligibility. New Jersey follows statutory priority for appointment of an administrator. Priority typically follows close family members (for example, a surviving spouse has priority, then adult children, then other next-of-kin). You must be legally competent and not disqualified from serving (for instance, by being a convicted felon in certain circumstances or having a conflict that prevents you from acting). The Surrogate’s office can explain who has the legal priority in your situation.
6. Bonds, waivers, and consents. The Surrogate may require a fiduciary bond to protect estate creditors and beneficiaries. Heirs who agree often can sign a signed written consent or bond waiver to avoid a bond, depending on local practice and the size of the estate.
7. Issuance of Letters of Administration. Once the Surrogate approves the petition and any bond requirements are satisfied (or waived), the court issues Letters of Administration. Those letters confirm your authority to collect assets, pay debts and taxes, and distribute inheritance according to New Jersey intestacy rules.
8. Administrator duties after appointment. Your duties typically include: securing assets, listing and inventorying estate property, notifying and paying creditors according to the law, filing any required estate tax returns, preparing a proposed distribution to heirs under intestacy rules, and submitting a final accounting or certification when the estate is closed. The Surrogate’s office and New Jersey statutes provide the specific timelines and notice requirements.

How the estate is distributed

If no valid will exists, New Jersey law controls who receives the decedent’s assets (intestate succession). Distribution depends on whether a surviving spouse, children, parents, or other relatives survive the decedent. The Surrogate’s office or an attorney can explain how the statutory distribution will apply to your family’s facts.

Timing and costs

Timing varies. Simple estates can move quickly (a few weeks to a few months). More complex or contested estates can take many months or longer. Costs may include filing fees, bond premiums (if a bond is required), personal representative commissions (in some estates), attorney fees (if you hire counsel), and expenses for appraisals and notices.

When to get help from an attorney

Consider consulting a probate attorney if any of the following apply: family members dispute who should serve; potential heirs are hard to locate; the estate holds complicated assets (business interests, out-of-state real estate, unusual debts); there are potential creditor or tax issues; or you are uncomfortable performing fiduciary duties. An attorney can prepare the petition and guide you through the process to reduce mistakes and delays.

Statutes and official resources

• New Jersey statutes concerning estates and fiduciary relationships are codified in Title 3B of the New Jersey Statutes. For full text and navigation: New Jersey Legislature.
• County Surrogate’s Courts handle probate and appointment of administrators. For local Surrogate contacts and court procedures, start at the New Jersey Courts website: njcourts.gov.

Disclaimer

This article explains general New Jersey probate procedures and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. Laws change and facts matter. For advice tailored to your situation, contact the county Surrogate’s office or a licensed New Jersey attorney.

Helpful Hints

• Call the county Surrogate’s office early — they can provide checklists, forms, fee schedules, and local instructions.
• Obtain several certified copies of the death certificate at the time of filing; banks and agencies commonly require certified copies.
• Search for a will before filing. If you find a will, different procedures apply (probate of the will).
• Make an asset list (bank accounts, real estate, retirement accounts, life insurance, vehicles) and find account numbers and titles.
• Secure physical property (home, vehicles, valuables) and notify institutions (banks, insurers) about the death to avoid losses.
• Collect evidence of family relationships (birth certificates, marriage certificates) to prove heirship if needed.
• Ask heirs in writing (and have them sign) whether they will consent to your appointment and whether they will waive a bond to reduce estate costs.
• Keep careful records of all estate income, expenses, and distributions — you will likely need to prepare an inventory and an accounting.
• Check for tax filing obligations at state and federal levels; some estates must file estate tax or final income tax returns.
• If you are unsure what to do, meet with a probate attorney for a limited-scope consult to review your petition and duties before filing.