How Do I File Probate in Bergen County, New Jersey?
A step-by-step guide to filing at the Surrogate's Court—what documents you'll need, where to go, and what happens after you file.
Probate cases in Bergen County are filed at the Surrogate's Court. File in person during business hours or by mail.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Surrogate's Court is realistic for your situation.
For a detailed cost comparison and filing checklist, see the full Bergen County Self-Filing Assessment.
Bergen County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Notice of probate requirement
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.
Identification requirements for fiduciaries
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.).
Document Requirements
Probate filing requirements
Must provide original Last Will & Testament, certified death certificate with raised seal, and statutory fee. Death certificate and will must be originals, not copies.
Court Appearances
Appointment required for all visits
Appointments required for all business including picking up or dropping off materials. Contact office after submitting documents to schedule appointment.
In-Person Filing
The Surrogate's Court is located at Two Bergen County Plaza, Suite 5000, Hackensack, NJ 07601. Phone: 201-336-6700. Hours: Monday - Friday, 8:30 AM - 4:30 PM.
What to Bring
To file at the Surrogate's Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
Additional resources, forms, and fee schedules are available on the Surrogate's Court website.
Frequently Asked Questions
You open probate by filing a petition with the Surrogate's Court in Bergen County, attaching the original will (if any), the death certificate, and the filing fee ($100). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Bergen County uses the standard New Jersey probate forms — the court's website lists the current versions.
New Jersey permits self-representation, but formal probate procedures make it impractical for most families. The Surrogate's Court staff can accept filings but cannot give legal advice. Check the New Jersey self-filing assessment before deciding.
Bergen County typically requires in-person or mail filing for probate petitions. Check the court's website for the latest procedures — some counties have added e-filing for specific document types.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
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
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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