Requesting Estate Files from a County Probate Division in New Jersey

Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney for guidance tailored to your situation.

Detailed Answer

In New Jersey, estate records filed with a County Surrogate (often referred to as the probate division) become public after probate. You can request copies of wills, inventories, accountings, and related filings by contacting the appropriate County Surrogate’s Office. To streamline your request, prepare the following information:

1. Decedent’s Full Name: Provide the complete legal name as it appears on the will, petition, or death certificate.
2. Date of Death: Include the exact date or as close an estimate as possible. This helps staff locate the correct estate file.
3. Surrogate Case Number: If you have the case or probate docket number, include it to expedite your search.
4. County of Probate: Indicate the county where the decedent’s estate was administered (e.g., Essex, Bergen, Ocean).
5. Your Relationship or Interest: Explain your connection to the estate (beneficiary, creditor, researcher, etc.). Some counties may require proof of identity or standing for certified copies.
6. Type of Documents Requested: Specify whether you need certified copies of the will, letters testamentary, inventory, accountings, or all documents.
7. Contact Information: Provide your name, mailing address, phone number, and email for follow-up questions or to receive copies.
8. Payment Method: Most Surrogate offices charge per page plus certification fees. Check the county’s fee schedule and include a check, money order, or credit card details as permitted.

Under the New Jersey Open Public Records Act (N.J.S.A. 47:1A-1 et seq.), you have a right to inspect public records, including probated estate files. The Surrogate’s authority to certify documents is found in N.J.S.A. 3B:22-6. Contact the specific County Surrogate’s Office website for any local forms or special instructions.

Helpful Hints

• Visit the County Surrogate’s official website for downloadable request forms and fee schedules.
• Call ahead to confirm whether you must submit your request in person, by mail, or online.
• Keep copies of all correspondence and payment receipts for your records.
• If you lack the case number, provide as many identifying details as possible to help staff locate the file.
• Allow 7–10 business days for routine record processing; expedited service may incur extra fees.
• For certified copies required by another jurisdiction (e.g., out-of-state probate), specify the number of certified sets needed.