What to Do When Someone Dies in Monmouth County, New Jersey
Probate in Monmouth 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 Monmouth 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.
Probate Court Record
Surrogate's Court
Monmouth County
Address
Hall of Records, One East Main StreetFreehold, NJ 07728
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 Monmouth County, probate runs through the Surrogate's Court at Hall of Records, One East Main Street, Freehold. Monmouth County is one of 5 New Jersey counties that accept probate e-filing; most probate courts in the state still take filings on paper.
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 Monmouth County
What probate costs in Monmouth 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 Hall of Records, One East Main Street, Freehold.
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.
The Surrogate's Court accepts e-filing. Paper filing remains available for self-represented filers.
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 documents in Monmouth County can be filed in person at the Surrogate's Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
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.
AI platform available on website and phone system (732-431-7330) provides 24/7 multilingual information on probate, estates, and all services. Recognized as one of the "AI 50 Public Sector Innovators" nationally.
You can file in person without an appointment. Walk-ins accepted at the Freehold office during business hours to meet with a Probate Clerk; arrive no later than 3:30 PM for assistance. Satellite offices (Shrewsbury, Neptune) operate on scheduled monthly dates, and an online eFile portal is also available.
Accepted payment
Cash, Check, Credit card. Credit card, cash, or check 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 Monmouth 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 Monmouth County are recorded with the County Clerk, led by County Clerk Christine Giordano Hanlon, at 33 Mechanic Street, Freehold, NJ 07728. Phone: (732) 431-7324. Hours: Monday - Friday, 8:30 AM - 4:00 PM.
The County Clerk charges $30 for the first page plus $10 for each additional page.
Monmouth County accepts electronic recording through New Jersey Recording Portal (njcountyrecording.com).
Recording Office Record
County Clerk
Monmouth County · County Clerk · Christine Giordano Hanlon
New Jersey uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Monmouth 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 Monmouth 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.
One of the most trusted elder law and disability firms in central New Jersey, Hanlon Niemann & Wright focuses on serving the legal needs of New Jersey's aging and disabled population. Their estate planning practice is deeply integrated with elder law and special needs planning.
Levine, Furman & Rubin serves Monmouth and Middlesex counties from its Morganville office, with a second office in Ocean County. The firm handles estate and trust administration, probate, guardianships, special needs planning, and Medicaid and elder law matters, in addition to wills and living trusts.
PracticesEstate PlanningProbateElder LawTax Planningand 3 more
O'Malley, Surman & Michelini has served Ocean and Monmouth counties for over 40 years. Co-founder Gregory A. Surman has practiced law in Ocean County since 1976 and concentrates on estate planning, trust and estate administration, taxation, probate, and elder law.
Ansell Grimm & Aaron serves Monmouth County and the Jersey Shore from its Ocean office, handling New Jersey probate and estate matters through the Chancery Division. Its probate and estate litigation attorneys handle will contests involving capacity, undue influence, and fraud, trust disputes, and fiduciary actions against executors, trustees, and guardians, alongside estate administration.
PracticesEstate PlanningProbateProbate LitigationGuardianshipand 2 more
Chamlin, Uliano & Walsh has served Monmouth County for more than six decades. Attorney Kelly H. Uliano devotes her practice exclusively to estate planning and estate administration.
Giordano, Halleran & Ciesla is a Red Bank firm serving Monmouth County and central New Jersey in trusts and estates matters. Its attorneys handle estate and trust administration, estate, fiduciary, and probate litigation, and will contests, counseling executors, trustees, heirs, and corporate fiduciaries in fiduciary-removal and accounting actions, plus guardianships and special needs trusts.
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.
Enter estate details
Select your state and enter an estate value to see a detailed cost estimate.
Quick examples:
Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
$
Total probate assets (exclude beneficiary-designated accounts)
Can you self-file probate?
Enter your state and estate value to get a personalized recommendation with estimated cost savings.
Score-based assessment with reasoning
Cost comparison vs. hiring an attorney
This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Monmouth County Guides
Step-by-step tools for families in Monmouth County, New Jersey.