Estate Matters

Submitting a Last Will and Testament To Probate

A Last Will and Testament is probated upon death of a Decedent if the Decedent had assets in their name alone. Probate is the legal process which establishes the genuineness of a Last Will and Testament. The Gloucester County Surrogate makes the final judgment to determine the validity of the Last Will and Testament. The estate is opened in the County where the decedent resided as documented on the Certificate of Death. The named Executor makes application to the Surrogate Court for probate.

Items needed to apply for Probate

  • Original Last Will and Testament and Codicil(s) (if applicable) 
  • Original Death Certificate with raised seal
  • Names and addresses of all immediate Next of Kin
  • Addresses of all named beneficiaries
  • List and value of all assets in decedents name alone to determine the number of Short Certificates required 
  • Government form of Identification 
  • Form of Payment

The Will may be offered for Probate anytime after the death occurs; however, the Surrogate cannot issue a Short Certificate until the eleventh day after death. If the Last Will and Testament is accepted to Probate, the Executor will be appointed by the Surrogate. The Surrogate will issue a Short Certificate(s) to the Executor which gives the Executor authority to administer the estate.

The fee to Probate is $100 for a two page Will and $5 for each additional page, this includes one Short Certificate. Please see the fees section of this website for additional cost.

Standard Administration

Affidavit of Surviving Spouse 

Affidavit of Next of Kin

When a person dies without a Last Will and Testament under New Jersey law they are determined to have died intestate. The Surrogate must determine and appoint an Administrator of the estate. Depending on the individual circumstance there are three types of applications that could apply. Review the following information to help determine which application would apply for your estate matter. 

Determine next of kin as defined by New Jersey Intestate Law 

FIRST - Spouse of the decedent
SECOND - Children of the decedent
THIRD - Parents of the decedent
FOURTH - Brothers and sisters of the decedent
FIFTH - Children of a deceased brother or sister

Determine the value of the Decedent's estate. To determine value add the total amount of assets in Decedent's name only.


Real Estate  *  Bank Accounts  *  Automobiles   Motorcycles  *  Recreation Vehicles   *  Boats

  • If you are the surviving spouse and the value of the estate does not exceed $50,000 you would apply for an Affidavit of Surviving Spouse.
  • If you are the surviving spouse and the value of the estate exceeds $50,000 you would apply for Standard Administration.
  • If the Decedent does not have a surviving spouse and the value of the estate does not exceed $20,000 you would apply for Affidavit of Next of Kin. 
  • If the Decedent does not have a surviving spouse and the value of the estate exceeds $20,000 you would apply for Standard Administration.

Persons having a prior or equal right to act as Administrator under the law will be required to renounce their right to act.

The Administration must be opened in the County where the decedent resided as documented on the Certified Death Certificate. The Administration cannot be issued until the sixth day from the date of death. The process can start before the sixth day; however, the Short Certificates or Affidavit's will not be issued until the sixth day after death. When the Administration is granted, the Surrogate will issue a Short Certificate(s) or Affidavit(s) to the Administrator of the estate.

Items needed to apply for Administration or Affidavits

  • Original Death Certificate with raised seal
  • Names and addresses of all immediate next of kin
  • Renunciations/Consent from all adult persons who have prior or equal right to apply
  • List and value of all assets in decedents name alone 
  • Surety Bond may be applicable 
  • Government form of Identification
  • Form of payment

Helpful Forms

New Estate Information Form

To be filled out by person seeking to qualify as representive for all Estate Matters. Click Here
Renunciation for Administration
The act of giving up a right serve as Administrator of an estate and appointing someone else. Click Here
Refunding Bond and Release
This form releases the Executor or Administrator from all claims and demands whatsoever in respect to the estate of the decedent. Click Here
Consent of Next of Kin 
The act of giving up right to apply for Affidavit of Next of Kin. Click Here
Renunciation of Executor The act of giving up the right to serve as Executor. Click Here
Notice of Probate/Proof of mailing Used to show proof of mailing - Notice of Probate Form Click Here