Probate in Passaic 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 Passaic 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
Passaic County
Address
Phone
Fax
Hours
Accepted paymentCash, Check. Daytime probate at the main office: cash or check; credit cards not accepted. Tuesday/evening Night Court sessions accept check or money order only (no cash, no cards). Checks payable to "Passaic County Surrogate Court".
By appointment only. Enter through 77 Hamilton Street (71 Hamilton Street entrance is closed). For guardianship matters: monitoringclerk@passaiccountynj.org. Night Court available Tuesday evenings by appointment.
Verified July 4, 2026 · Source
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 Passaic County, probate runs through the Surrogate's Court at 71 Hamilton Street, Room 101, Paterson.
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 Passaic 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 71 Hamilton Street, Room 101, Paterson.
Local procedures at this court that affect cost: Guardianship annual reporting. These are county-specific and not posted on the statewide court site.
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.
Probate cases in Passaic County are filed at the Surrogate's Court. File in person during business hours or by mail.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
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.
For a full cost comparison and filing checklist, see the Passaic County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
11-day post-death waiting period
Certificates upon probate of a will cannot be issued until at least 11 days after the date of death. Minimum probate fee is $100 (two-page will, one certificate), plus $5 per additional certificate.
SourceBuilding entrance - use 77 Hamilton Street
The 71 Hamilton Street entrance is closed. All visitors must enter through 77 Hamilton Street.
SourceAppointments required
Office is by appointment only. For guardianship matters, email monitoringclerk@passaiccountynj.org.
SourceNight Court program - Tuesday evenings
Night Court sessions available Tuesday evenings 5:00 PM - 7:00 PM at main office, plus satellite locations on various Tuesdays 5:30 PM - 7:00 PM. All by appointment only.
SourceBefore You Go
An appointment is required to file in person. By appointment only; book online. Enter through 77 Hamilton Street (the 71 Hamilton Street entrance is closed). Evening "Night Court" sessions are available Tuesdays at the main office and on rotating dates at satellite locations, by appointment.
Cash, Check. Daytime probate at the main office: cash or check; credit cards not accepted. Tuesday/evening Night Court sessions accept check or money order only (no cash, no cards). Checks payable to "Passaic County Surrogate Court".
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.
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 Passaic County are recorded with the County Clerk at 401 Grand Street, Room 113, Paterson, NJ 07505. Phone: (973) 881-4777. Hours: Monday - Friday, 8:30 AM - 4:15 PM.
The County Clerk charges $30 for the first page plus $10 for each additional page.
Passaic County accepts electronic recording through New Jersey County Recording (njcountyrecording.com).
Recording Office Record
Passaic County · County Clerk
Address
Phone
Fax
Hours
E-recording
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 SellerRequired with most deeds | $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 Surcharge | $3 or $5 per document (county option; $0 where not adopted) |
| 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 September 7, 2026 · Source
New Jersey uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Passaic 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 Passaic 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.
Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates is a Sussex County law firm established in 1964. Janice D. Pasculli is a Certified Elder Law Attorney through the National Elder Law Foundation who devotes her practice to estate planning and elder law.
PracticesEstate PlanningProbateElder LawGuardianshipand 3 more
FirmWayne, NJ
The Law Offices of Weiss & Tom is a third-generation Passaic County practice in Wayne, filing through the Passaic County Surrogate's Court in Paterson. The firm handles probate and estate and trust administration for executors and trustees, guardianships and special medical guardian appointments, and probate litigation, alongside Medicaid and asset-preservation planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
FirmWayne, NJ
Petriello Law serves Passaic County families from Wayne, administering estates through the Passaic County Surrogate's Court in Paterson. The firm works with executors to gather and value estate assets, settle the decedent's debts, taxes, and bills, and distribute the remaining assets, and pairs estate administration with a real estate practice for estates holding property.
PracticesEstate PlanningProbateWills
FirmClifton, NJ
The Law Offices of Franklin S. Montero serves Passaic County from Clifton, handling probate through the Passaic County Surrogate's Court in Paterson. The firm assists families with probate and estate administration, guardianships, powers of attorney, and health care directives, and drafts wills and trusts. It is a Spanish-speaking office serving clients across northern New Jersey.
PracticesEstate PlanningProbateGuardianshipTrustsWills
FirmLittle Falls, NJ
The Montanari Law Group covers Passaic County from Little Falls, serving Woodland Park, Wayne, West Milford and Clifton and filing through the Passaic County Surrogate in Paterson. Its estate attorneys take executors through probate and estate administration and draft wills and living trusts. The firm offers free initial consultations and flexible appointment times.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbate
FirmRoseland, NJ
Brach Eichler's trusts and estates practice, based in Roseland in Essex County, advises individuals and business owners on inter-generational wealth transfer, business succession, and estate and gift tax planning. The group also handles estate and trust administration for executors and trustees throughout northern New Jersey.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 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.
Data sourced from New Jersey statutes and official state code. How we research.
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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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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.
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Step-by-step tools for families in Passaic County, New Jersey.
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