How does the probate process work in New Jersey?

Nutley, New Jersey estate planning and probate attorney, Brad Micklin, talks about the probate process in regards to New Jersey laws.

Contact Brad Micklin

Email: [email protected]

Phone: 973-562-0100


Well, the probate process in New Jersey can be somewhat complex and, obviously, will always vary on a case-by-case basis. But essentially what a person will do is first file papers with what’s called the surrogates court in the county that the person who passed resided in to get what’s called letters of appointment giving them authority to probate the estate.

And then from there, it’s going to vary from case to case but essentially you have to marshal or gather the assets, liquidate them, consider if there’s any tax consequences either income tax, estate tax, or inheritance tax, pay those taxes. File returns and then distribute the property with what’s called a refunding bond. So while that’s a nutshell view of the probate process it’s generally what’s going to be in most if not every case.