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.
What to Do When Someone Dies in Ocean County, New Jersey
How probate works in Ocean County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Ocean County Surrogate's Court
Ocean County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
118 Washington Street, 2nd Floor, Room 216, Toms River, NJ 08753
Website
Filing in person
Walk-ins accepted
Self-represented filing
Allowed
Self-help forms
Filing in person
Walk-ins acceptedThe Toms River office takes filers without an appointment, Monday to Friday from 8:00 AM to 4:30 PM. The Southern Service Center in Manahawkin sees filers on Fridays by appointment.
Self-represented filing
AllowedA probate or administration starts with the Estate Information Sheet, the original death certificate with a raised seal and, for a will, the original will, brought in or mailed to the office. A mailed filing is invoiced, and the office contacts the filer a few days after the papers arrive.
Accepted payment
- At the counterCash, Check, Money order.The office takes cash, checks and money orders; credit and debit cards are not accepted.
P.O. Box 2191
Toms River, NJ 08754-2191
Fax
1-732-506-5087
Departments
- Adoptions and Minors Accounts1-732-506-5126
- Accountings1-732-506-5016
- Superior Court Adult Guardianships1-732-831-3741
- Superior Court Estate Litigation1-732-288-7840
- Southern Service Center (Manahawkin)1-732-929-2011 · 179 South Main Street, Manahawkin, NJ 08050Satellite office, open every Friday by appointment.
About the court
- Surrogate's certificates issue from the 11th day after the death when there is a will and from the 6th day when there is none; the executor or administrator can come in earlier to start the process.
Verified October 16, 2026 · Source
How Probate Works in Ocean 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 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. 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 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.
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 cases in Ocean County are filed at the Surrogate's Court. File in person during business hours or by mail.
Beside the filing office, the court lists separate lines for Adoptions and Minors Accounts, Accountings, Superior Court Adult Guardianships, and Superior Court Estate Litigation.
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 Ocean County Self-Filing Assessment.
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 Ocean County
In Ocean 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
Ocean 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
Ocean County · Ocean County Medical Examiner
Phone
Mail and offices
Medical Examiner
P.O. Box 2191
Toms River, NJ 08754
Fax
1-732-341-9297
Verified November 3, 2026 · Source
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 at 118 Washington Street, Toms River, NJ 08753. Phone: 1-732-929-2018. 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 the New Jersey County Recording portal.
Recording Office Record
County Clerk
Ocean County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM (in-person services until 4:00 PM)
Office
118 Washington Street, Toms River, NJ 08753
Website
Fees
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 |
| County Homelessness Housing Trust Fund SurchargeRequired with most deeds | $5 |
| 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 Ocean 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 an 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.
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.
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.
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.
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.
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)
- Ocean County Surrogate's Court, official page
- Ocean County Clerk, official page
- Ocean 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.
