Probate Monmouth County Surrogate

Probate Monmouth County Surrogate


     In New Jersey, probate matters are handled by two courts: the Surrogate's Office and the Superior Court, Chancery Division, Probate Part.

Most probate matters are handled by the Surrogate's Court, which is a court of limited jurisdiction. Each of New Jersey's twenty-one counties has an elected Surrogate. Probate in the Surrogate's Court is initiated by one party, without any formal appearance required. The Surrogate's Courts jurisdiction is restricted to specific uncontested applications, i.e., admitting an original Will to probate, appointing an administrator to handle an estate if there is no will, appointing an administrator ad prosequendum to pursue a wrongful death action, and appointing minors' guardians.

Surrogate's Courts handle only uncontested matters, that is, matters where no objection, dispute or controversy arises. For example, the probate of a Last Will and Testament may be handled in the Surrogate's Court only when the original will is lodged, no doubt or difficulty arises on the face of the will, and no caveat, dispute or opposition is present. Otherwise, probate must be handled in the Superior Court's Probate Part. Source Monmouth Surrogate. 
Source https://www.visitmonmouth.com/page.aspx?ID=2238

1. The executor needs to probate the original Will with the county Surrogate.

Often the attorney for the Estate will fill out a Surrogate’s Office Information fact sheet setting forth: 

Name of Decedent: 

Address of Decedent: 

City State Zip 

Marital Status: (circle one) Single Married Widowed Divorced 

Date of Birth: 

Date of Death: 

SS# 

Name and Address of Executor  

Telephone Number of Executor 

Beneficiaries/Next of Kin Relationship Address - City & State Age of Minor(s) 

Date of Will: 

# of Pages of Will: 

Date of Codicil: # of Pages: 

Name, Address, & Phone Number of Attorney   

Total Number of Certificates Requested: 

    The attorney will typically the fax the specific information sheet to the County Surrogate, together with a photocopy of the Will, copy of death certificate. When the Surrogate receives the Will and information ahead of time this will help the Surrogate speed things along. In many counties, the attorney can help the Executor by scheduling an appointment with one the Surrogate’s branch offices.

    The Executor will bring the original Will, original death certificate with raised seal to the Surrogate. The Surrogate will prepare the formal acceptance. The Executor will sign the Surrogate’s papers and receive the Surrogate’s certificate.

2. Mandatory Notice of Probate

The estate is opened as an uncontested application in the Surrogate's Court. The Executor’s attorney serves a Notice of Probate. 

After the Will has been entered into Probate, the attorney [or Executor] must give Notice of Probate (R.4:80-6) to all beneficiaries under the Will and to all persons who would have inherited by intestacy (those next of kin listed on the Application For Probate). The notice in writing will state that the Will has been probated, the place and date of probate, the name and address of the executor and a statement that a copy of the Will shall be furnished upon request. 

A proof of mailing must be filed with the Surrogate within ten days.  If the names and addresses of any of those persons are not known, or cannot by reasonable inquiry be determined, then a Notice of Probate of the Will must be published in a newspaper of general circulation in the county naming or identifying those persons as having a possible interest in the probate estate. 

Source: http://www.mercercounty.org/government/county-surrogate/probate-of-wills

 3. Release and Refunding Bonds to be prepared by the attorney, signed and Filed with the Surrogate

At the end of the case the attorney will prepare and mail the Executor draft Release and Refunding Bonds. The Executor should type up an informal accounting to show assets of the estate, the expenses and amounts each beneficiary will receive. To make things easy, the Executor can attach a copy of your checkbook register.     

When the estate is finished and ready to disburse money, the Executor will determine the amount each will receive. The Release and Refunding Bonds are revised to indicate the specific amount the person will receive.

Every beneficiary will need to sign his or her Release and Refunding Bond in front of an attorney or notary. If any beneficiary does not sign their release and refunding bond, then the estate funds cannot be distributed to anyone until approved by the Superior Court.

The signed Release & Refunding Bonds must be filed with the County Surrogate and small fee paid. After all Release & Refunding Bonds are filed by attorney with the Surrogate, the Executor can distribute the money.

The Superior Court, Chancery Division, Probate Part, is a court of general jurisdiction. It handles all contested probate matters and certain uncontested matters, with its statutory authority to supervise and resolve any dispute arising in a decedent's estate, trust, guardianship, conservatorship, or other probate matter. The Probate Part handles matters in open court with notice given to all interested parties. It has general oversight of Surrogate's Court proceedings.

The supervision by the Probate Part of estates (decedent, guardianship, conservatorship, trust, etc.) is only as to matters that are brought to the court for its determination or resolution by an interested party. Some estates are administered with no court supervision whatever. Other estates will have multiple contested issues adjudicated by a Probate Part judge during the life of the estate, with the personal representative performing all other administrative business with no court direction or involvement. 
Source: Monmouth Surrogate https://www.visitmonmouth.com/page.aspx?ID=2238