What to Do When Someone Dies in Ocean County, New Jersey
Probate in Ocean 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 Ocean 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
Ocean County
Address
118 Washington Street, 2nd Floor, Room 216Toms River, NJ 08753
Paper filing availableWalk-ins acceptedSelf-filing allowed
Accepted paymentCash, Check, Money order. Credit and debit cards are not accepted.
Departments
Chief Probate Clerk732-929-2011 ext. 3100
Adoptions & Minors732-506-5126
Accountings732-506-5016
Superior Court Adult Guardianships732-831-3741
Mailing: P.O. Box 2191, Toms River, NJ 08754-2191. Drop box available in lobby. Satellite location in Manahawkin: 179 South Main Street, NJ 08050 (every Friday by appointment). Cash/check/money order only (no credit/debit cards). Will certificates not issued until 11th day after death; administration certificates not until 6th day.
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 Ocean County, probate runs through the Surrogate's Court at 118 Washington Street, 2nd Floor, Room 216, Toms River.
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 Ocean County
What probate costs in Ocean 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 118 Washington Street, 2nd Floor, Room 216, Toms River.
Probate matters are handled through Chief Probate Clerk, Adoptions & Minors, Accountings, and Superior Court Adult Guardianships. 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 Ocean County are filed at the Surrogate's Court. File in person during business hours or by mail.
Filings here are routed through Chief Probate Clerk, Adoptions & Minors, Accountings, and Superior Court Adult Guardianships. 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.
You can file in person without an appointment. The Toms River office is open to the public with no appointment needed. The Manahawkin satellite office is open every Friday by appointment only. A drop box is available in the main-entrance lobby.
Accepted payment
Cash, Check, Money order. 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 Ocean 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 Ocean County are recorded with the County Clerk, led by County Clerk John P. Kelly, at 118 Washington Street, Toms River, NJ 08753. Phone: (732) 929-2018. Hours: Monday - Friday, 8:00 AM - 4:30 PM (in-person services until 4:00 PM).
The County Clerk charges $30 for the first page plus $10 for each additional page.
Ocean County accepts electronic recording through Ocean County Clerk Recording Customer Portal (county-operated e-Record service).
New Jersey uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Ocean 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 Ocean 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.
Berry, Sahradnik, Kotzas & Benson works two blocks from the Ocean County Surrogate in downtown Toms River and keeps a standing Probate & Estate Administration practice. Stephen B. Kotzas and Edward T. Feurey guide executors and administrators through opening the estate, marshaling and valuing assets, creditor claims, and final distribution. The first consultation is free.
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.
Established in 1981, Hiering, Dupignac, Dunn & Schreiber has served Ocean County for over 40 years. The firm assists clients in estate planning, estate administration, guardianships, and elder law.
PracticesEstate PlanningProbateElder LawGuardianshipand 2 more
The Matus Law Group serves Ocean County and the Jersey Shore from Toms River, with a second office in Red Bank. Founder Christine L. Matus handles probate and estate administration, guardianships, special needs trusts, and Medicaid planning, with particular focus on families that include a member with special needs.
PracticesEstate PlanningProbateElder LawGuardianshipand 3 more
Office
81 East Water Street, Suite 2CToms River, NJ 08753
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
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.
Ocean County Guides
Step-by-step tools for families in Ocean County, New Jersey.
