Varian Law serves Somerset County from Bernardsville, filing through the Somerset County Surrogate's Court in Somerville. The firm handles estate and trust administration and probate court litigation, including trust and estate disputes, and adds elder law, Medicaid, and special needs planning for families administering an estate or trust.
What to Do When Someone Dies in Somerset County, New Jersey
How probate works in Somerset County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Somerset County Surrogate's Court
Somerset County
Phone
Hours
Office
Website
E-filing
Filing in person
Self-represented filing
Self-help forms
E-filing
Filing in person
Accepted payment
- At the counterCash, Check.Checks drawn on an account in the decedent's name are not accepted.
Fax
About the court
- The office is on the first floor of the Somerset County Administration Building. Estate records can be looked up in the county's probate search system.
Verified October 16, 2026 · Source
How Probate Works in Somerset 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 Somerset County, probate runs through the Surrogate's Court at 20 Grove Street, Somerville. Electronic probate filing sets Somerset County apart — only 6 New Jersey counties accept it, with the rest filing 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 Somerset County
What probate costs in Somerset 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 20 Grove Street, Somerville.
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 Somerset 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.
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 Somerset County Self-Filing Assessment.
Somerset County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
Third-Saturday off-site session
On the third Saturday of each month, from 9:00 AM to 12:00 PM, the office holds a session at the Franklin Township Community/Senior Center, 505 DeMott Lane, Somerset.
SourceGetting to the Surrogate's Court
Parking
Parking is free in the Bernie Field Parking Deck; the green level leads into the Administration Building, and the Surrogate's Office is the last office on the left. Metered parking on Grove Street and Main Street leads to the front entrance, where the office is the first on the right.
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 Somerset County
In Somerset 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
Somerset County · State vital records office
Phone
Hours
Office
Website
Certified copies
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
District Medical Examiner
Somerset County · Northern Regional Medical Examiner's Office
Phone
Office
Website
Serves this county
Release of remains
Verified November 3, 2026 · Source
Transferring Property in Somerset 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 Somerset County are recorded with the County Clerk at 20 Grove Street, Somerville, NJ 08876. Phone: 1-908-231-7013. Hours: Monday, Tuesday, Thursday, Friday 8:15 AM-4:00 PM; Wednesday 8:15 AM-6:00 PM.
Documents submitted by mail go to P.O. Box 3000, Somerville, NJ 08876.
The County Clerk charges $30 for the first page plus $10 for each additional page.
Somerset County accepts electronic recording through CSC, Simplifile and ePN.
Recording Office Record
County Clerk
Somerset County
Phone
Hours
Office
Website
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 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 Somerset 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 Somerset 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.
Vizzoni Law Firm serves Somerset County from Bridgewater, filing through the Somerset County Surrogate's Court in Somerville. The firm guides named executors and trustees through probate and estate and trust administration with a step-by-step plan of the tasks required to settle the estate, adding depth in estate, gift, and generation-skipping transfer tax and asset-protection planning.
Augulis Law Firm works from Warren in Somerset County and serves Somerset, Middlesex, Union, Hunterdon and Morris families. The practice covers trust administration, Medicaid and elder law, special needs planning, and asset protection for family-owned businesses, alongside wills, trusts, and incapacity documents. Estate planning consultations are free.
Norris McLaughlin specializes in Estate Planning and Administration & Wealth Preservation with a 15-attorney practice group, serving clients throughout North and Central Jersey.
Giuditta Law Firm provides estate planning and probate services to families in Union County and throughout New Jersey. Founding attorney Nicholas A. Giuditta III brings 30 years of experience and co-chairs the Union County Bar Association Elder Law Committee.
Founded in 1978, Hill Wallack is a Princeton firm serving Mercer County and central New Jersey. Its Trusts & Estates attorneys handle probate, collection of assets, payment of estate liabilities, estate tax returns, and distribution, guiding executors and trustees through estate administration alongside will and trust drafting.
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)
- Somerset County Surrogate's Court, official page
- Somerset County Clerk, official page
- Somerset 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.
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.
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.
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