Probate | Bergen County Surrogate's Court

How to Probate a Last Will & Testament

Our official booklet explains, step by step, how to probate a Last Will & Testament in the Bergen County Surrogate’s Court.

English, Korean, and Spanish editions are available to help families understand what to bring, how the process works, and what recent changes in the law may mean for their estate.

Reviewing the booklet before your appointment can reduce stress, help you prepare the right documents, and protect the legacy you have worked your whole life to build.

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What is Probate?

Probate is the court process that confirms a Last Will and Testament is valid, appoints the executor named in the Will, and authorizes the executor to collect, manage, and distribute the decedent’s assets according to the Will.

Probate occurs in the county where the death certificate indicates that the decedent lived at the time of death, or in some cases, where the decedent owned property located only in Bergen County.

When to Probate?

Under New Jersey law, although the Last Will and Testament may be presented for probate upon death, the Surrogate’s Court cannot admit the Will to probate until at least 10 days have passed since the date of death.

What to Bring to Probate:

Completed Will Fact Sheet

Original Last Will and Testament (not altered or unstapled)

A certified death certificate with a raised seal

Names and addresses of immediate next of kin

Payment for statutory fees (typically $100–$200)

An appointment is required. Due to high volume and the sensitive nature of our work, we are unable to accommodate walk ins.

What Happens Next?

1. Surrogate’s Court reviews the Last Will and Testament, death certificate, and Will Fact Sheet, and prepares qualification papers.
2. The Executor signs qualification papers and takes an oath or affirmation to perform executor’s duties.
3. The Executor pays the statutory fee.
4. The Surrogate issues a Judgment of Probate.
5. Letters Testamentary are issued, confirming the Executor’s authority to act.

Executor’s Responsibilities Once Letters Testamentary are Issued:

Collect and safeguard assets

Within 60 days of probate, notify beneficiaries and next of kin that the Will has been probated

File proof of mailing with County Surrogate

Pay debts, expenses, and taxes

Keep detailed records

Distribute assets according to the Last Will and Testament

Coordinate with professionals (attorneys, accountants, advisors)

May need to assist beneficiaries with non probate assets such as life insurance or retirement accounts.

Executor Commissions

Executors are generally entitled to a fee pursuant to New Jersey law.

Release and Refunding Bonds

Before final distribution, each beneficiary must sign a Release and Refunding Bond. This protects the estate if unexpected debts arise later.

Release: confirms that the beneficiary has received the distribution due from the estate.

Refunding Bond: allows the estate to recover funds if unexpected claims arise later.

Important note about legal and tax advice

This page provides a general overview of probate in Bergen County. It is not legal or tax advice for any specific case. Every estate is different. You may wish to consult an attorney, an accountant, or other professionals for guidance tailored to your situation.

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Questions About Probate? We Are Here to Help.

Our staff is honored to serve our community and is happy to guide you. Please make an appointment prior to your arrival.

Address:
Bergen County Surrogate’s Court
Two Bergen County Plaza, Suite 5000
Hackensack, NJ 07601

Phone: (201) 336-6700
Website: www.bergencountysurrogate.com

We are deeply thankful to have a dedicated staff caring for our friends, neighbors, and families here in Bergen County every day.