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.
What to Do When Someone Dies in Sussex County, New Jersey
How probate works in Sussex County: the Surrogate's Court record, what the process costs, and how to file there.
Probate Court Record
Sussex County Surrogate's Court
Sussex County
Phone
Hours
Monday-Friday 8:30 AM-4:30 PM
Office
3 High Street, Suite 1, Newton, NJ 07860
Website
Filing in person
Appointment required
Self-represented filing
Allowed
Self-help forms
Filing in person
Appointment requiredCall the office for instructions and to set up an appointment. Before it, send the general information worksheet (Worksheet #1 when there is a will, Worksheet #2 when there is not) with a copy of the death certificate and any will, by mail, fax or email, or submit the worksheet online from the county's Surrogate page. Special arrangements for disabled or elderly residents are available through the office's Outreach Program.
Accepted payment
- At the counterCash, Check.Bring cash or a check for the fee to the appointment.
Fax
1-973-579-0909
About the court
- The office is in the Historic Sussex County Court House. Estate records can be searched in the Surrogate Court Index.
Verified October 16, 2026 · Source
How Probate Works in Sussex 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 Sussex County, probate runs through the Surrogate's Court at 3 High Street, Suite 1, Newton.
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 Sussex County
What probate costs in Sussex 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 3 High Street, Suite 1, Newton.
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 Sussex County are filed at the Surrogate's Court. File in person during business hours or by mail.
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 Sussex County Self-Filing Assessment.
Sussex 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
Original documents at the appointment
At the appointment, present the certified death certificate and, where there is one, the originally signed will. A bond may be required in an administration.
SourceGetting to the Surrogate's Court
Parking
Reserved parking is in the lot behind the Court House; the public entrance is the front entrance.
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 Sussex County
In Sussex 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
Sussex 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
Sussex County · Office of County Medical Examiner
Phone
Website
Serves this county
Morris County Medical Examiner (Morris, Sussex and Warren counties)
Release of remains
1-973-285-2900 · 24-hour line · 24 hours a day, 7 days a week
Mail and offices
Office of County Medical Examiner
P.O. Box 900
Morristown, NJ 07963-0900
Fax
1-973-829-8274
Verified November 3, 2026 · Source
Transferring Property in Sussex 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 Sussex County are recorded with the County Clerk at 83 Spring Street, Cochran House Building, Suite 304, Newton, NJ 07860. Phone: 1-973-579-0900. Hours: Monday-Friday 8:00 AM-4:00 PM (first Monday of the month to 6:00 PM).
The County Clerk charges $30 for the first page plus $10 for each additional page.
Sussex County accepts electronic recording through Simplifile, ePN and CSC.
Recording Office Record
County Clerk
Sussex County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM (first Monday of the month to 6:00 PM)
Office
83 Spring Street, Cochran House Building, Suite 304, Newton, NJ 07860
Website
E-recording
Fax
1-973-383-7493
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 |
| 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 Sussex 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 Sussex 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.
Established in 1989, Laddey Clark & Ryan works out of Sparta, Morristown and Phillipsburg, covering the Sussex, Morris and Warren County surrogates. The firm provides wills, trusts, powers of attorney, advance healthcare directives, business succession planning, and estate administration. Its free consultations are limited to injury cases.
Lavery, Selvaggi & Cohen covers Warren County and surrounding areas with estate plans ranging from simple to highly sophisticated. Their trusts and estates practice covers estate and gift tax planning, special needs trusts, and Medicaid planning.
Founded in 1899, Morris, Downing & Sherred is one of the oldest and largest firms in Sussex County, based in Newton. Its estate attorneys handle probate and estate administration, wills and trusts, asset protection, and life estates for families across northern New Jersey. The firm offers a free initial consultation.
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.
CSG Law is a New Jersey and New York firm headquartered in Roseland in Essex County. Its Trusts & Estates group advises business owners and families on estate and succession planning and wealth preservation, and handles probate and trust and estate administration for executors and trustees.
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)
- Sussex County Surrogate's Court, official page
- Sussex County Clerk, official page
- Sussex 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.
