What to Do When Someone Dies in Middlesex County, New Jersey
Probate in Middlesex 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 Middlesex 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.
Paper filing availableAppointment requiredSelf-filing allowed
Accepted paymentCheck, Credit card. Probate filings: check or Visa/Mastercard/Discover. Cash and American Express are not accepted. A check may not be in the decedent's name unless it is a joint spousal account. The Records Department additionally accepts money orders.
Mailing: P.O. Box 790, New Brunswick, NJ 08903. By appointment only - schedule online at middlesexcountysurrogate.as.me or call 732-745-3055. For records requests, call 732-745-3310. Mail processing: 4-5 week turnaround. In-person appointment: papers issued 1-2 weeks after appointment.
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 Middlesex County, probate runs through the Surrogate's Court at 75 Bayard St., 1st Floor, New Brunswick.
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 Middlesex County
What probate costs in Middlesex 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 75 Bayard St., 1st Floor, New Brunswick.
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 Middlesex County are filed at the Surrogate's Court. File in person during business hours or by mail.
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.
An appointment is required to file in person. By appointment only; schedule at middlesexcountysurrogate.as.me or call 732-745-3055. Satellite-office appointments available. Filers who do not wish to come in person must instead submit required information through the office's online e-File intake form.
Accepted payment
Check, Credit card. Probate filings: check or Visa/Mastercard/Discover. Cash and American Express are not accepted. A check may not be in the decedent's name unless it is a joint spousal account. The Records Department additionally accepts money orders.
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 Middlesex 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 Middlesex County are recorded with the County Clerk, led by County Clerk Nancy J. Pinkin, at 75 Bayard Street, 4th Floor, New Brunswick, NJ 08901. Phone: (732) 745-3002. Hours: Monday - Friday, 8:30 AM - 4:10 PM (must arrive by 4:00 PM).
Documents submitted by mail go to P.O. Box 1110, New Brunswick, NJ 08903.
The County Clerk charges $30 for the first page plus $10 for each additional page.
Middlesex County accepts electronic recording through New Jersey County Recording (njcountyrecording.com).
New Jersey uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Middlesex 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 Middlesex 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.
Cosner Law Group serves Middlesex County families from East Brunswick, handling probate, estate and trust administration, guardianships, and elder law before the Surrogate's Court. The firm represents executors and beneficiaries through estate settlement, will preparation, and long-term care planning, and has practiced in central New Jersey for more than 50 years.
PracticesEstate PlanningProbateElder LawGuardianshipand 2 more
Robert C. Nisenson practices from East Brunswick and files through the Middlesex County Surrogate in New Brunswick. He advises heirs, beneficiaries, personal representatives and estate administrators on probate and estate administration, and prepares wills and trusts. The initial consultation is free.
Wolfe Ossa Law serves Middlesex County from Metuchen, filing through the Middlesex County Surrogate in New Brunswick. Its estate administration practice covers probate, asset distribution, estate and inheritance tax filings, inventory and accounting, and will contests, backed by an elder law and Medicaid practice for families dealing with long-term care. Consultations are free.
PracticesEstate PlanningEstate AdministrationProbateElder Lawand 3 more
Office
475 Main Street, 2nd Floor, Chase BuildingMetuchen, NJ 08840
Augulis Law Firm works from Warren in Somerset County and serves Somerset, Middlesex, Union, Hunterdon and Morris families. The practice covers trust administration, Medicaid and elder law, special needs planning, and asset protection for family-owned businesses, alongside wills, trusts, and incapacity documents. Estate planning consultations are free.
PracticesEstate PlanningTrust AdministrationElder LawSpecial Needs Planningand 2 more
Giuditta Law Firm provides estate planning and probate services to families in Union County and throughout New Jersey. Founding attorney Nicholas A. Giuditta III brings 30 years of experience and co-chairs the Union County Bar Association Elder Law Committee.
Founded in 1978, Hill Wallack is a Princeton firm serving Mercer County and central New Jersey. Its Trusts & Estates attorneys handle probate, collection of assets, payment of estate liabilities, estate tax returns, and distribution, guiding executors and trustees through estate administration alongside will and trust drafting.
PracticesEstate PlanningTrust AdministrationProbateCharitable PlanningWealth Transfer
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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Middlesex County Guides
Step-by-step tools for families in Middlesex County, New Jersey.
