New Jersey Inheritance: Plan an Estate or Settle One

New Jersey has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeN.J.S.A. 3B:31-1 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActN.J.S.A. §§ 46:2B-8.1 to 46:2B-8.14 (Revised Durable Power of Attorney Act); R.S. 46:14-2.1; R.S. 46:14-6.1; N.J.S.A. §§ 3B:14-61.9, 3B:14-61.10 (RUFADAA)Verified Sep 18, 2026View source.

Probate of a simple estate in New Jersey runs 6 months to 9 months; an average estate takes 9 months to 12 months. The court filing fee is $100N.J.S.A. 22A:2-30Verified Sep 8, 2026View source; attorney fees are reasonable compensationR. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source. On a $500,000 estate the estimated total comes to $35,885R. 4:42-9(a)(3) (court may allow a counsel fee out of the estate in a probate action) and R. 4:42-9(b) (fee must be supported by an affidavit of services addressing the RPC 1.5(a) reasonableness factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney also serving as fiduciary)Verified Sep 8, 2026View source. The personal representative must post a bondN.J.S.A. 3B:15-1Verified Sep 8, 2026View source, which the will may waiveN.J.S.A. 3B:15-1Verified Sep 8, 2026View source.

Certified death certificates come from the New Jersey Department of Health - Office of Vital Statistics and RegistryNew Jersey Department of Health - Office of Vital Statistics and RegistryVerified Oct 15, 2026View source at $25New Jersey Department of Health - Office of Vital Statistics and RegistryVerified Oct 15, 2026View source a copy, $2New Jersey Department of Health - Office of Vital Statistics and RegistryVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 2-4 weeks for mail orders; 6-8 weeks onlineNew Jersey Department of Health - Office of Vital Statistics and RegistryVerified Oct 15, 2026View source.

A surviving spouse left out of the will can elect to take a statutory share insteadN.J.S.A. 3B:8-1, 3B:8-3, 3B:8-12, 3B:8-18Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsN.J.S.A. 46:38A-52Verified Sep 15, 2026View source of age. New Jersey taxes incomeN.J.S.A. 54A:2-1Verified Sep 20, 2026View source at a top rate of 10.75%N.J.S.A. 54A:2-1Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: ordinary income tax at the state's regular ratesN.J.S.A. 54A:2-1 (rate schedule, as amended by P.L. 2020, c.94 — Millionaires Tax)Verified Sep 15, 2026View source.