What to Do When Someone Dies in Salem, New Jersey

Probate in Salem 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 Salem 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

Salem County

Address

Salem County Courthouse, 92 Market Street, Suite A122Salem, NJ 08079

Fax

856-339-9359

Hours

Monday - Friday, 8:30 AM - 4:30 PM
Visit court website →
Paper filing availableAppointment requiredSelf-filing allowed

Accepted paymentCash, Check, Money order. Credit and debit cards not accepted; personal check, money order, or cash only.

By appointment only. Call (856) 935-7510, extensions 8323, 8321, 8324, 8121, or 8322. Does not accept credit/debit cards - cash, check, or money order only. Contact and procedure pages re-verified 2026-07-04 via surrogate.salemcountynj.gov (read through a reader proxy past the Cloudflare challenge) and the NJ Courts surrogate roster; email surrogate@salemcountynj.gov and the 12-day appointment rule confirmed on-site. The recorded fax 856-339-9359 does not appear anywhere on the current official site.

Verified July 4, 2026 · Source

How Probate Works in Salem 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 Salem, probate runs through the Surrogate's Court at Salem County Courthouse, 92 Market Street, Suite A122, Salem.

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 Salem County

What probate costs in Salem 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 Salem County Courthouse, 92 Market Street, Suite A122, Salem.

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.

How to File Probate at the Surrogate's Court

Probate cases in Salem County are filed at the Surrogate's Court. File in person during business hours or by mail.

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.

For a full cost comparison and filing checklist, see the Salem County Self-Filing Assessment.

Salem County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

12-day post-death waiting period

A will may be applied for before day 12, but the executor cannot be appointed until the twelfth day after the date of death.

Source

Payment methods - no credit/debit cards

Salem County does not accept credit or debit cards. Payments must be made by personal check, money order, or cash.

Source

Court Appearances

Appointment only

All estates are handled by appointment only. Call for an appointment. Phone extensions: 8323, 8321, 8324, 8121, or 8322.

Source

Before You Go

Appointment required

An appointment is required to file in person. All estates handled by appointment only; call 856-935-7510 (extensions 8323, 8321, 8324, 8121, or 8322) to schedule.

Accepted payment

Cash, Check, Money order. Credit and debit cards not accepted; personal check, money order, or cash only.

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 Salem 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 Salem County are recorded with the County Clerk, led by County Clerk Dale A. Cross, at 110 Fifth Street, Suite 200, Salem, NJ 08079. Phone: (856) 935-7510. Hours: Recording services: Monday - Friday, 8:30 AM - 4:00 PM (office open to 4:30 PM; no transactions after 4:00 PM).

The County Clerk charges $30 for the first page plus $10 for each additional page.

Salem County accepts electronic recording through Simplifile.

Recording Office Record

County Clerk

Salem County · County Clerk · Dale A. Cross

Address

110 Fifth Street, Suite 200Salem, NJ 08079

Hours

Recording services: Monday - Friday, 8:30 AM - 4:00 PM (office open to 4:30 PM; no transactions after 4:00 PM)

E-recording

Available via SimplifileE-recording info →
Visit recorder website →

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

Probate Attorneys Serving Salem County

New Jersey uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Salem 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 Salem 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.

FirmWilliamstown, NJ

Flanagan Law, LLC

Serves 5 counties

Flanagan Law offers customized wills, trusts, powers of attorney, healthcare directives, and probate services throughout Southern New Jersey. Founder Brian T. Flanagan also runs a Chapter 7 bankruptcy practice, and the firm's free consultations are stated for bankruptcy matters only.

PracticesEstate PlanningProbateTrustsWills

Office
1120 South Main Street, Suite AWilliamstown, NJ 08094

FirmHaddonfield, NJ

Price & Price, LLC

Since 1973 · Serves 7 counties

Price & Price is a father-and-son elder law and estate planning firm founded in 1973 in Haddonfield. With over 50 years of experience, the firm focuses on elder law matters and serves clients across seven South Jersey counties. Carl Ahrens Price is a Certified Elder Law Attorney and Casey Price holds a Master of Laws in Taxation.

PracticesEstate PlanningProbateElder LawTax PlanningSpecial Needs Planning

Office
35 Kings Highway East, Suite 110Haddonfield, NJ 08033

FirmCherry Hill, NJ

Simeone & Raynor, LLC

Serves 7 counties

Simeone & Raynor is a Cherry Hill firm in Camden County, with a second office in Medford, serving South Jersey. The firm handles estate planning, estate administration, and estate litigation, and its attorneys routinely appear in probate courts and serve as court-appointed administrators across the region.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
1522 Route 38Cherry Hill, NJ 08002

FirmCherry Hill, NJ

Bratton Law Group

Bratton Law Group focuses exclusively on elder law, estate planning, life care planning, asset protection, and Medicaid planning. The firm's attorneys and care coordinators work together to identify both legal issues and care needs for clients and their families throughout South Jersey.

PracticesEstate PlanningProbateElder LawTax Planningand 3 more

Office
383 Kings Highway NorthCherry Hill, NJ 08034

FirmMount Laurel, NJ

Capehart Scatchard, P.A.

Since 1876

Founded in 1876, Capehart Scatchard is a Mount Laurel firm serving Burlington County and South Jersey. Its Wills, Trusts & Estates attorneys handle probate and estate administration, trust administration, estate litigation, elder law, and Medicaid planning for executors, trustees, and beneficiaries.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more

Office
8000 Midlantic Dr, Suite 300SMount Laurel, NJ 08054

FirmCherry Hill, NJ

Flaster Greenberg PC

Flaster Greenberg's Trusts & Estates group, based in Cherry Hill in Camden County, guides executors, trustees, and beneficiaries through estate and trust administration in New Jersey Surrogate's Courts, including probate and creditor-claim resolution. The firm also handles will contests, fiduciary disputes, and guardianships across New Jersey, Pennsylvania, and Florida.

PracticesEstate PlanningTrust AdministrationProbateTax PlanningBusiness Succession

Office
1810 Chapel Avenue WestCherry Hill, NJ 08002
See all 20 firms serving Salem County→

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.

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Legal Sources

Data sourced from New Jersey statutes and official state code. How we research.