Required for attorneysAll attorneys must file electronically, and every out-of-state administration application must be filed electronically. Executors and administrators applying on their own bring their papers to an appointment at the office. On paper: Executors and administrators applying without an attorney, other than out-of-state administration applicants, apply in person.
Filing in person
Appointment requiredBoth offices see visitors by appointment only, booked online from the appointment page or by phone. The appointment page lists what to bring for each kind of filing; the death certificate must carry a raised seal and show Union County as the decedent's county of residence.
Accepted payment
At the counterCash, Check, Money order, Credit card.The Probate a Will page lists cash, check or money order for the fees, and the office's FAQ lists a personal check, Visa or Mastercard, or cash.
Fax
1-908-351-9212
About the court
The Elizabeth office is in the Union County Courthouse, on the second floor of the Old Annex.
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 Union County, probate runs through the Surrogate's Court at 2 Broad Street, 2nd Floor, Old Annex, Elizabeth. Union County is one of 6 New Jersey counties that accept probate e-filing; most probate courts in the state still take filings 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 Union County
What probate costs in Union 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 2 Broad Street, 2nd Floor, Old Annex, Elizabeth.
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 Union County, New Jersey are filed at the Surrogate's Court.
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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Waiting periods after death
Probate cannot be completed until the day after the tenth day after the death; an executor may apply earlier, but the judgment is not signed until then. In an administration, the Surrogate may sign the judgment once 120 hours (5 days) have passed since the death.
A second office in the Colleen Fraser Building, 300 North Avenue East, Westfield, is open Mondays, Wednesdays and Fridays by appointment only. The office reports it is temporarily not ADA accessible because of an elevator outage.
Parking for the Elizabeth office is at the Municipal Parking Garage on Elizabethtown Plaza, entered from Elizabethtown Plaza or Caldwell Place; for a GPS, use 51 Elizabethtown Plaza. The Westfield office has a free parking lot.
The Elizabeth office is reachable from NJ Transit's Elizabeth train station and local bus stops.
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 Union County
In Union 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
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
Mail
Vital Record Mail Services
Attn: New Jersey Vital Records
P.O. Box 222130
El Paso, TX 79913
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 Union County are recorded with the County Clerk at 2 Broad Street, Elizabeth, NJ 07207. Phone: 1-908-527-4787. Hours: Monday-Friday 8:30 AM-4:30 PM.
The County Clerk charges $30 for the first page plus $10 for each additional page.
Union County accepts electronic recording through CSC and Simplifile.
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 Union 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.
Founded in 1929, Dempsey, Dempsey & Sheehan has served Summit-area families and businesses for over 90 years. Their estate planning practice covers wills, trusts, powers of attorney, elder law, guardianships, and estate administration. The initial consultation is free and can be held virtually.
PracticesEstate PlanningProbateElder LawGuardianshipand 2 more
Dughi, Hewit & Domalewski is a Cranford firm in Union County, with offices in Morris Plains and Absecon, established in 1979. Its trusts and estates team handles probate, estate and trust administration, will contests involving undue influence or improper execution, and defense of executors and trustees in fiduciary disputes, including litigation over joint, pay-on-death, and retirement accounts.
PracticesEstate PlanningProbateAsset ProtectionBusiness Successionand 2 more
A Union County firm founded in 1998 with a focus on helping families and small business owners with estate planning. Michael Forrester has more than 20 years of experience in estates and trusts work.
Ventura, Miesowitz & Keough is a Summit firm serving Union, Morris, Somerset, Essex, and Middlesex counties, handling estate planning, trust and estate administration, and elder law since 1981. John J. Miesowitz, a Fellow of the American College of Trust and Estate Counsel, leads the estate practice. The first consultation is free and the firm makes home and hospital visits.
PracticesEstate PlanningTrust AdministrationElder LawTax Planningand 2 more
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.
PracticesEstate PlanningTrust AdministrationElder LawSpecial Needs Planningand 2 more
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.
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. 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.
Enter the estate value to see New Jersey attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
$
See whether you can file probate yourself
Enter the estate value to see whether New Jersey lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
