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.
What to Do When Someone Dies in Monmouth County, New Jersey
How probate works in Monmouth County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Monmouth County Surrogate's Court
Monmouth County
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
Hall of Records, One East Main Street, Freehold, NJ 07728
Website
E-filing
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
E-filing
OptionalA will can be probated, or an estate administered, through the office's eFile system: choose Monmouth County, upload the death certificate and will as PDFs and list the next of kin, and a probate clerk then contacts you. The original will and certified death certificate are still presented to the office to complete probate. A filer who cannot upload documents files in person or by mail. On paper: Previously filed estates and requests for additional documents; The original will and certified death certificate are presented to the office on paper.
Filing in person
Walk-ins acceptedThe Freehold office takes walk-ins only, with no appointments; arrive by 3:30 PM so staff have time to help. The two satellite offices see filers by appointment only, booked by phone or email.
Self-represented filing
AllowedThe office files a probate or administration online, in person or by mail, and a probate clerk reviews the estate with the filer. The What to Bring page lists the documents for an estate with and without a will.
Accepted payment
- At the counterCheck, Credit card, Money order.Checks, credit cards and money orders are accepted, and checks are payable to the Monmouth County Surrogate. The office's filing pages list cash among the accepted payments, while its FAQ says cash is not accepted.
County forms
- Decedent Information SheetGives the office the decedent, executor and next-of-kin details for a probate or administration; completed ahead of time or at the office, or sent with a mailed filing.
Fax
1-732-303-7656
Departments
- Superior Court Matters1-732-431-7330 · scprobatepart@co.monmouth.nj.usContested estates and guardianship and adoption complaints are filed at the Surrogate's main office in Freehold as an original and two copies, not through JEDS.
- Guardianship Reportingguardianreporting@co.monmouth.nj.us
- Shrewsbury Satellite Office1-732-431-7330 ext. 7336 · Monmouth County Library Eastern Branch, 1001 Route 35, Shrewsbury, NJ 07702 · Wednesday 9:30 AM-4:00 PM (second Wednesday of the month)By appointment only.
- Neptune Satellite Office1-732-431-7330 ext. 5767 · Monmouth County Connection, 3544 State Highway 66, Neptune, NJ 07753 · Thursday 10:30 AM-5:30 PM (third Thursday of the month)By appointment only.
About the court
- The public entrance to the Hall of Records is its front entrance. All documents are mailed to the Freehold main office only. Letters and short certificates issue from the eleventh day after the death, though a will may be submitted any time after it.
Verified October 16, 2026 · Source
How Probate Works in Monmouth 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 Monmouth County, probate runs through the Surrogate's Court at Hall of Records, One East Main Street, Freehold. Monmouth County is one of 6 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. Creditors have 9 monthsN.J.S.A. 3B:22-2, 3B:22-4, 3B:22-8, 3B:22-10, 3B:22-33Verified Oct 18, 2026View source to present a claim, counted from the date of death.
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 Oct 17, 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%Modeled estimate under R. 4:42-9(a)(3) (counsel fee out of the estate); R. 4:42-9(b) (affidavit of services; RPC 1.5(a) factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney serving as fiduciary): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.9%Modeled estimate under R. 4:42-9(a)(3) (counsel fee out of the estate); R. 4:42-9(b) (affidavit of services; RPC 1.5(a) factors; no statutory percentage); N.J.S.A. 3B:18-6 (attorney serving as fiduciary): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
New Jersey sets executor compensation by statute — about $20,500 on a $500,000 estate, roughly 4.1%N.J.S.A. 3B:18-14Verified Sep 8, 2026View source. Family members 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%Industry surety premium estimate; the bond itself under 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.
Beside the filing office, the court lists separate lines for Superior Court Matters, Guardianship Reporting, Shrewsbury Satellite Office, and Neptune Satellite Office.
Can You File Without an Attorney?
New Jersey has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableN.J.S.A. 3B:3-17, 3B:3-19; 2B:14-1 (Surrogate is the Judge and Clerk of the Surrogate's Court — no non-judicial/registrar track)Verified Sep 8, 2026View source.
For a full cost comparison and filing checklist, see the Monmouth County Self-Filing Assessment.
Getting to the Surrogate's Court
Parking
Parking is directly behind the Hall of Records on Lafayette Street. Any unnumbered space may be used at any time; numbered spaces are reserved for county employees from 7 a.m. to 5 p.m.
What to Bring
Filed with the opening petition at the Surrogate's Court: Original will and any codicils (lodged with the Surrogate for probate); Certificate of death, or other competent proof of death — the requirement may be dispensed with for good cause, and does not apply to an application for substitutionary letters (County Surrogates in practice ask for a certified copy with a raised seal); Application identifying the heirs / next of kin and persons entitled to letters, with their addresses and relationshipsN.J.S.A. 3B:3-17 (probate of will & grant of letters), 3B:3-22 (10-day wait), 3B:10-1, 3B:10-2, 3B:10-13 (letters of administration)Verified Aug 24, 2026View source.
Death Certificates and the Medical Examiner in Monmouth County
In Monmouth County certified copies of the death certificate come from the Local Registrar of the town or city where the death occurred, or from New Jersey Department of Health - Office of Vital Statistics and Registry.
Vital Records Office Record
New Jersey Department of Health - Office of Vital Statistics and Registry
Monmouth County · State vital records office
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM (except state holidays)
Office
140 East Front Street, Trenton, NJ 08608
Website
Certified copies
From the Local Registrar of the town or city where the death occurred, or from New Jersey Department of Health - Office of Vital Statistics and Registry
Vital Record Mail Services
Attn: New Jersey Vital Records
P.O. Box 222130
El Paso, TX 79913
Certified copy fees
| First certified copy | $25 |
| Each additional copy ordered at the same time | $2 |
Verified October 15, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Monmouth County · Office of the Medical Examiner
Phone
Office
1490 Livingston Avenue, North Brunswick, NJ 08902
Website
Serves this county
Middlesex County Office of the Medical Examiner (Mercer, Middlesex and Monmouth counties)
Mail and offices
Fax
1-732-745-3491
Verified November 3, 2026 · Source
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 at 33 Mechanic Street, Freehold, NJ 07728. Phone: 1-732-431-7324. 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 the New Jersey County Recording portal.
Recording Office Record
County Clerk
Monmouth County
Phone
Hours
Monday-Friday 8:30 AM-4:00 PM
Office
33 Mechanic Street, Freehold, NJ 07728
Website
Fax
1-732-761-9371
Recording fees
| Base fee (first page) | $30 |
| Each additional page | $10 |
| Deed Abstract FeeRequired with most deeds | $10 |
| RTF-1 Affidavit of Consideration for Use by Seller | $10 |
| RTF-1EE Affidavit of Consideration for Graduated Percent Fee | $10 |
| GIT/REP-1, GIT/REP-3, GIT/REP-4 Seller's Residency Certification / ExemptionRequired with most deeds | $10 |
| Missing Cover Sheet / Electronic Synopsis Fee | $20 |
| Indexing Fee (names beyond 5) | $6 |
N.J.S.A. 22A:4-4.1 (L.1965, c.123, s.2; last amended L.2007, c.144)
Verified October 16, 2026 · Source
Probate Attorneys Serving Monmouth County
New Jersey allows independent administrationN.J.S.A. 3B:14-23 (fiduciary powers without court authorization); 3B:16-2 (inventory only if the court requires it); 3B:17-2 (accounting only if required)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in New Jersey are based on reasonable compensation, 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.
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.
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.
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.
Legal Sources
(10)·
- N.J.S.A. 22A:2-30
- N.J.S.A. 3B:14-23 (fiduciary powers without court authorization); 3B:16-2 (inventory only if the court requires it); 3B:17-2 (accounting only if required)
- N.J.S.A. 3B:18-14
- N.J.S.A. 3B:22-2, 3B:22-4, 3B:22-8, 3B:22-10, 3B:22-33
- N.J.S.A. 3B:3-17 (probate of will & grant of letters), 3B:3-22 (10-day wait), 3B:10-1, 3B:10-2, 3B:10-13 (letters of administration)
- N.J.S.A. 3B:3-17, 3B:3-19; 2B:14-1 (Surrogate is the Judge and Clerk of the Surrogate's Court — no non-judicial/registrar track)
- N.J.S.A. 22A:4-4.1 (L.1965, c.123, s.2; last amended L.2007, c.144)
- Monmouth County Surrogate's Court, official page
- Monmouth County Clerk, official page
- Monmouth County vital records and death investigation offices, official page
Data sourced from New Jersey statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in New Jersey
Free tools for settling an estate in New Jersey: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool.
How Do I Settle an Estate?
Settling an estate in New Jersey: creditors have 9 monthsN.J.S.A. 3B:22-2, 3B:22-4, 3B:22-8, 3B:22-10, 3B:22-33Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in New Jersey happens outside court: the trustee acts under the state's Uniform Trust CodeN.J.S.A. 3B:31-1 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
New Jersey has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableN.J.S.A. 3B:3-17, 3B:3-19; 2B:14-1 (Surrogate is the Judge and Clerk of the Surrogate's Court — no non-judicial/registrar track)Verified Sep 8, 2026View source.
Get the Answer
Hire a New Jersey Probate Attorney
Browse vetted New Jersey attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
