How Does Probate Work in Bergen County, New Jersey?
Dealing with probate while grieving is overwhelming. This guide makes the process clearer. In Bergen County, estate size determines the process—smaller estates under $50,000 can often avoid full probate. All filings go through the Surrogate's Court at Two Bergen County Plaza, Suite 5000, Hackensack.
The Probate Process in Bergen County
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 Bergen County, probate runs through the Surrogate's Court at Two Bergen County Plaza, Suite 5000, Hackensack.
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 monthsN.J.S.A. 3B:18-14Verified May 14, 2026 to 12 monthsN.J.S.A. 3B:18-14Verified May 14, 2026 to move through this process. The 9 monthsN.J.S.A. 3B:22-4Verified May 14, 2026 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
Filing at the Surrogate's Court
Probate cases in Bergen County are filed with the Surrogate's Court, located at Two Bergen County Plaza, Suite 5000, Hackensack, NJ 07601. The clerk's office is open Monday - Friday, 8:30 AM - 4:30 PM. Reach the clerk at 201-336-6700.
Acting Surrogate Aprill Fronduto-Slavin presides over probate matters at the Surrogate's Court. The clerk's office is open Monday - Friday, 8:30 AM - 4:30 PM.
Within 60 days after probate of will, personal representative must mail notice to all beneficiaries and persons designated by R. 4:80-1(a)(3). Proof of mailing must be filed with Surrogate within 10 days. Must provide photocopy of 2 forms of ID (driver's license, passport, work ID, etc.) and photocopy of proof of address (utility bill, credit card bill, etc.).
First Steps After a Death in Bergen County
Handling an estate in Bergen County, New Jersey means working through both immediate tasks (securing property, ordering death certificates, stopping benefits) and the formal probate process at the Surrogate's Court at Two Bergen County Plaza, Suite 5000, Hackensack.
Bergen County has local procedures worth knowing before you start: Notice of probate requirement; Identification requirements for fiduciaries; Probate filing requirements.
Do I Need Probate?
Whether probate is necessary in Bergen County depends on how the deceased's assets were titled and what estate planning was in place. The local court is the Surrogate's Court at Two Bergen County Plaza, Suite 5000, Hackensack.
Bergen County has local procedures that affect when and how to file: Notice of probate requirement; Identification requirements for fiduciaries.
Assets in a funded revocable living trust pass directly to beneficiaries without probate. Life insurance, retirement accounts with named beneficiaries, and jointly-held property with survivorship rights also transfer automatically. Only assets titled solely in the deceased's name — or caught by a pour-over will for unfunded trust assets — go through the Surrogate's Court.
Estates valued under $50,000N.J.S.A. 3B:18-14Verified May 14, 2026 may qualify for a simplified in New Jersey. Above that threshold, full probate through the Surrogate's Court is typically required.
See what portion of this estate may require probate:
Opening probate at the Surrogate's Court requires the original will (or proof there isn't one), a certified death certificate, and documentation of assets — deeds, account statements, vehicle titles. Asset titling is what separates probate property from everything that passes automatically.
Who Inherits Without a Will?
Who inherits depends on whether there's a valid will. Without one, New Jersey intestacy laws determine the distribution—and the results sometimes differ from what families expect.
Enter the family details to see who inherits under New Jersey law:
Surviving spouses in New Jersey can elect to take 33%N.J.S.A. 3B:8-1, 3B:8-12Verified May 14, 2026 of the estate regardless of the will. This election must be filed at the Surrogate's Court within 180 daysN.J.S.A. 3B:8-1, 3B:8-12Verified May 14, 2026 of receiving probate notice.
The Surrogate's Court can approve a family allowance of up to $5,000N.J.S.A. 3B:16-5Verified May 14, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
New Jersey has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. New Jersey recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- N.J.S.A. 3B:16-5
- N.J.S.A. 3B:18-14
- N.J.S.A. 3B:22-4
- N.J.S.A. 3B:8-1, 3B:8-12
Data sourced from New Jersey statutes and official state code. How we research.
Frequently Asked Questions
The Surrogate's Court for Bergen County is located in Hackensack, New Jersey. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in New Jersey typically closes in 6–9 months. Average estates run 9–12 months. Complex estates with disputes or tax issues can take 12–24 months. Timing in Bergen County tracks the state range unless the docket is unusually backed up.
No. New Jersey allows estates under $50,000 to use a small estate affidavit and skip formal probate. There is no statutory waiting period. Use the New Jersey probate decision tool to see if the estate qualifies.
When there is no will, New Jersey's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Bergen County probate court applies the state rules without variation. See who inherits in New Jersey for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Bergen County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Surrogate's Court
Bergen County
Two Bergen County Plaza, Suite 5000
Hackensack, NJ 07601
Phone:
201-336-6700Hours:
Monday - Friday, 8:30 AM - 4:30 PM
Paper Filing Available
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