What to Do When Someone Dies in Union County, New Jersey
Probate in Union 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 Union 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
Union County
Address
2 Broad Street, 2nd Floor, Old AnnexElizabeth, NJ 07207
Paper filing availableE-filing required for attorneysAppointment requiredSelf-filing allowed
Accepted paymentCash, Check, Money order.
Located in Union County Courthouse. Satellite office in Westfield: Colleen Fraser Building, 300 North Avenue East (Mondays, Wednesdays, Fridays by appointment). Appointments required for all visits.
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 5 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. 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 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 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.
E-filing is mandatory for attorneys filing at the Surrogate's Court. Self-represented filers can request a paper-filing exemption.
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
If you're handling probate yourself in Union County, New Jersey, you can file at the Surrogate's Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Union County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
Paper Filing Required For
•Pro se in-state litigants may file in person
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.
Must bring certified death certificate, full names and addresses of closest surviving next of kin, and sufficient funds in cash, check, or money order for probate fees.
An appointment is required to file in person. By appointment only; book online or call 908-527-4280. The Westfield satellite office is open Mondays, Wednesdays, and Fridays by appointment.
Accepted payment
Cash, Check, Money order.
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 Union 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 Union County are recorded with the County Clerk at 2 Broad Street, Elizabeth, NJ 07207. Phone: (908) 527-4787. Hours: Recording Office: Monday - Friday, 8:30 AM - 4:30 PM (over-the-counter recording 8:30 AM - 3:30 PM).
The County Clerk charges $30 for the first page plus $10 for each additional page.
Union County accepts electronic recording through Simplifile.
New Jersey uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Union 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 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.
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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Union County Guides
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