Walk-ins acceptedAppointments are encouraged but not required to probate a will or apply for administration. The information sheet can be filled out before the visit.
Self-represented filing
AllowedThe office does not require an attorney to probate a will. The Surrogate Information Sheet and the executor and administrator instructions are under Forms and Instructions on the office page.
Accepted payment
At the counterCash, Check.Cash or check only; credit and debit cards are not accepted. Checks are payable to Atlantic County Surrogate.
County forms
Surrogate Information SheetFilled out by the executor, administrator or attorney before the visit to gather the names and addresses the office needs.
Fax
1-609-645-5805
Departments
Atlantic City office1-609-343-2341 · 1201 Bacharach Boulevard, Atlantic City, NJ 08401
About the court
The office also serves the public at its Atlantic City location, and Spanish is spoken. A will may be brought in any time after the death, but probate cannot be completed until the eleventh day after death, and letters of administration cannot issue until the sixth day.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Atlantic County, probate runs through the Surrogate's Court at 5911 Main Street, Mays Landing.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under New Jersey intestacy law when there is no will.
Most New Jersey estates take 9 months to 12 months to move through this process. Creditors have 9 monthsN.J.S.A. 3B:22-2, 3B:22-4, 3B:22-8, 3B:22-10, 3B:22-33Verified Oct 18, 2026View source to present a claim, counted from the date of death.
What Probate Costs in Atlantic County
What probate costs in Atlantic County, New Jersey comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Surrogate's Court at 5911 Main Street, Mays Landing.
New Jersey charges $100N.J.S.A. 22A:2-30Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in New Jersey are negotiated, typically 2.4%Modeled estimate under R. 4:42-9(a)(3) (counsel fee out of the estate); R. 4:42-9(b) (affidavit of services; RPC 1.5(a) factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney serving as fiduciary): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.9%Modeled estimate under R. 4:42-9(a)(3) (counsel fee out of the estate); R. 4:42-9(b) (affidavit of services; RPC 1.5(a) factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney serving as fiduciary): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
New Jersey sets executor compensation by statute — about $20,500 on a $500,000 estate, roughly 4.1%N.J.S.A. 3B:18-14Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under N.J.S.A. 3B:15-1Verified Sep 8, 2026View source of estate value annually.
Probate in New Jersey typically runs 9 months to 12 months, and costs accrue throughout that period.
How to File Probate at the Surrogate's Court
Probate cases in Atlantic County are filed at the Surrogate's Court. File in person during business hours or by mail.
Beside the filing office, the court lists a separate line for Atlantic City office.
Can You File Without an Attorney?
New Jersey has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableN.J.S.A. 3B:3-17, 3B:3-19; 2B:14-1 (Surrogate is the Judge and Clerk of the Surrogate's Court — no non-judicial/registrar track)Verified Sep 8, 2026View source.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Small estate affidavits
Where there is no will, an Affidavit of Surviving Spouse is available when the estate does not exceed $50,000, and an Affidavit of Next of Kin, with the consent of the other heirs, when it does not exceed $20,000. The office provides the Consent of Heir forms.
A certified copy of the death certificate, the names and addresses of the immediate next of kin, documents showing the exact value of each asset in the decedent's name alone (bank statements, car titles, stock statements, deeds), a list of the decedent's debts, and identification.
Filed with the opening petition at the Surrogate's Court: Original will and any codicils (lodged with the Surrogate for probate); Certificate of death, or other competent proof of death — the requirement may be dispensed with for good cause, and does not apply to an application for substitutionary letters (County Surrogates in practice ask for a certified copy with a raised seal); Application identifying the heirs / next of kin and persons entitled to letters, with their addresses and relationshipsN.J.S.A. 3B:3-17 (probate of will & grant of letters), 3B:3-22 (10-day wait), 3B:10-1, 3B:10-2, 3B:10-13 (letters of administration)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Atlantic County
In Atlantic County certified copies of the death certificate come from the Local Registrar of the town or city where the death occurred, or from New Jersey Department of Health - Office of Vital Statistics and Registry.
Vital Records Office Record
New Jersey Department of Health - Office of Vital Statistics and Registry
From the Local Registrar of the town or city where the death occurred, or from New Jersey Department of Health - Office of Vital Statistics and Registry
Mail
Vital Record Mail Services
Attn: New Jersey Vital Records
P.O. Box 222130
El Paso, TX 79913
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk.
Deeds and other real property documents for Atlantic County are recorded with the County Clerk at 5901 Main Street, Mays Landing, NJ 08330. Phone: 1-609-625-4011. Hours: Monday-Friday 8:30 AM-4:00 PM.
The County Clerk charges $30 for the first page plus $10 for each additional page.
Atlantic County accepts electronic recording through the New Jersey County Recording portal.
New Jersey allows independent administrationN.J.S.A. 3B:14-23 (fiduciary powers without court authorization); 3B:16-2 (inventory only if the court requires it); 3B:17-2 (accounting only if required)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in New Jersey are based on reasonable compensation, billed hourly or as a flat fee. Ask an Atlantic County firm to quote a structure up front.
A probate attorney files the petition with the Surrogate's Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Flanagan Law offers customized wills, trusts, powers of attorney, healthcare directives, and probate services throughout Southern New Jersey. Founder Brian T. Flanagan also runs a Chapter 7 bankruptcy practice, and the firm's free consultations are stated for bankruptcy matters only.
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Office
1120 South Main Street, Suite AWilliamstown, NJ 08094
KingBarnes is a full-service estate, commercial, and real estate law firm providing estate planning, estate administration, and estate litigation throughout South Jersey.
Levine, Staller, Sklar, Chan & Brown is a full-service Atlantic City law firm established in 1978 with 12 partners. Multiple partners concentrate on estates, trusts, estate planning, and federal and state tax matters.
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Price & Price is a father-and-son elder law and estate planning firm founded in 1973 in Haddonfield. With over 50 years of experience, the firm focuses on elder law matters and serves clients across seven South Jersey counties. Carl Ahrens Price is a Certified Elder Law Attorney and Casey Price holds a Master of Laws in Taxation.
Simeone & Raynor is a Cherry Hill firm in Camden County, with a second office in Medford, serving South Jersey. The firm handles estate planning, estate administration, and estate litigation, and its attorneys routinely appear in probate courts and serve as court-appointed administrators across the region.
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Bratton Law Group focuses exclusively on elder law, estate planning, life care planning, asset protection, and Medicaid planning. The firm's attorneys and care coordinators work together to identify both legal issues and care needs for clients and their families throughout South Jersey.
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Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from New Jersey statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in New Jersey
Free tools for settling an estate in New Jersey: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in New Jersey: creditors have 9 monthsN.J.S.A. 3B:22-2, 3B:22-4, 3B:22-8, 3B:22-10, 3B:22-33Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in New Jersey happens outside court: the trustee acts under the state's Uniform Trust CodeN.J.S.A. 3B:31-1 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
New Jersey has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableN.J.S.A. 3B:3-17, 3B:3-19; 2B:14-1 (Surrogate is the Judge and Clerk of the Surrogate's Court — no non-judicial/registrar track)Verified Sep 8, 2026View source.
Enter the estate value to see New Jersey attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
$
See whether you can file probate yourself
Enter the estate value to see whether New Jersey lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.