What to Do When Someone Dies in Burlington County, New Jersey
Probate in Burlington County runs through the Surrogate's Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Burlington County, settling their estate runs through the Surrogate's Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Mailing: P.O. Box 6000, Mount Holly, NJ 08060. Business conducted by appointment, in-person, via telephone, email, and regular mail. Expect 24-36 hour response time due to high volume. County web host migrated from co.burlington.nj.us to burlingtoncountynj.gov (old URLs 301-redirect); the office email domain remains @co.burlington.nj.us.
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 Burlington County, probate runs through the Surrogate's Court at 50 Rancocas Road, 1st Floor, Mount Holly.
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. The 9 monthsN.J.S.A. 3B:22-4Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Burlington County
What probate costs in Burlington 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 50 Rancocas Road, 1st Floor, Mount Holly.
Probate matters are handled through Probate / Administration Services, Superior Court Estate Litigation, Adoptions & Minors' Funds, Superior Court Guardianships, and Minors' Funds. Filing and payment go through these offices, not the main clerk window.
New Jersey charges $100N.J.S.A. 22A:2-30Verified Sep 8, 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%R. 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 to 3.9%R. 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 of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in New Jersey. Family executors 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%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 Burlington County are filed at the Surrogate's Court. File in person during business hours or by mail.
Filings here are routed through Probate / Administration Services, Superior Court Estate Litigation, Adoptions & Minors' Funds, Superior Court Guardianships, and Minors' Funds. Confirm with the office which intake handles the petition type you're filing.
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. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Surrogate's Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Information sheets filed by mail or courier with certified death certificate
Complete the Probate Information Sheet or Administration Information Sheet (PDF) and send via certified mail, FedEx, or UPS with a certified death certificate. A staff member then calls to schedule an in-person execution appointment for NJ-resident personal representatives; for out-of-state administrators, staff call to confirm the information and mail the documents for signature.
Superior Court estate litigation, adoptions, and minors' funds matters are directed to (609) 265-5235 / tboyle@co.burlington.nj.us. Superior Court guardianship matters are directed to (609) 265-5201 / tbathke@co.burlington.nj.us.
An appointment is required to file in person. Business is conducted on an appointment basis (in-person, telephone, email, regular mail). Probate and administration appointments are in-person for personal representatives who reside in New Jersey. Call 609-265-5005 to schedule. Expect a 24-36 hour response to calls/emails.
Accepted payment
Cash, Check. Check or cash for applicable administration fees. Credit and debit cards are not accepted.
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.
Transferring Property in Burlington County
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 Burlington County are recorded with the County Clerk, led by County Clerk Joanne Schwartz, at 50 Rancocas Road, Mount Holly, NJ 08060. Phone: (609) 265-5122. Hours: Monday - Friday, 8:00 AM - 4:00 PM.
Documents submitted by mail go to P.O. Box 6000, Mount Holly, NJ 08060.
The County Clerk charges $30 for the first page plus $10 for each additional page.
Burlington County accepts electronic recording through New Jersey Recording Portal (njcountyrecording.com).
Recording Office Record
County Clerk
Burlington County · County Clerk · Joanne Schwartz
New Jersey uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Burlington County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in New Jersey are based on reasonable compensation — typically 2.4%R. 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 to 3.9%R. 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 of the estate's value, billed hourly or as a flat fee. Ask a Burlington 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.
Bookbinder Law is a Marlton elder law and estate planning practice serving Camden, Burlington, Gloucester, and Mercer counties, founded in 1996 by Dana E. Bookbinder, a Certified Elder Law Attorney through the National Elder Law Foundation. The firm assists executors and families with probate and estate administration, special needs planning, and guardianships across South Jersey.
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.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more
Gary F. Woodend practices from Medford and files through the Burlington County Surrogate in Mount Holly, also serving Camden and Ocean County families. The practice covers probate and estate administration, intestate succession, estate tax, and access to a decedent's online accounts, alongside wills and simple estate plans. The firm publishes its fee schedule on its own site.
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.
PracticesEstate PlanningProbateElder LawTax Planningand 3 more
Founded in 1876, Capehart Scatchard is a Mount Laurel firm serving Burlington County and South Jersey. Its Wills, Trusts & Estates attorneys handle probate and estate administration, trust administration, estate litigation, elder law, and Medicaid planning for executors, trustees, and beneficiaries.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more
Office
8000 Midlantic Dr, Suite 300SMount Laurel, NJ 08054
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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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