What Are My Duties as Executor in New Jersey?
Step-by-step guide for executors navigating probate, from filing the will to closing the estate.
Frequently Asked Questions
An executor (or personal representative) in New Jersey is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.
The probate petition filing fee in New Jersey starts at approximately $100.N.J.S.A. 3B:18-14 (corpus commissions: 5%/$200K, 3.5%/$1M, 2% over $1M), 3B:18-13 (income commissions: 6%), 3B:10-3 (spouse/DP/CUP small estate $50K), 3B:10-4 (heir small estate $20K), 3B:22-4 (creditor claims 9 months from death), 3B:15-1 (bond — administrators required; testamentary executors generally exempt), 22A:2-30 (filing fees $100 with letters/$50 without), R. 4:80-6 (beneficiary mailing notice within 60 days), R. 4:80-8 (creditor notice rule deleted eff. 9/1/2006)Verified May 31, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.
New Jersey requires the executor to publish notice to creditors in a local newspaper, though requirements vary by county. Known creditors should also receive direct written notice. Creditors have 9 months to file claims.N.J.S.A. 3B:18-14 (corpus commissions: 5%/$200K, 3.5%/$1M, 2% over $1M), 3B:18-13 (income commissions: 6%), 3B:10-3 (spouse/DP/CUP small estate $50K), 3B:10-4 (heir small estate $20K), 3B:22-4 (creditor claims 9 months from death), 3B:15-1 (bond — administrators required; testamentary executors generally exempt), 22A:2-30 (filing fees $100 with letters/$50 without), R. 4:80-6 (beneficiary mailing notice within 60 days), R. 4:80-8 (creditor notice rule deleted eff. 9/1/2006)Verified May 31, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.
New Jersey allows estates valued at $50,000 or less to use a small estate affidavit.N.J.S.A. 3B:18-14 (corpus commissions: 5%/$200K, 3.5%/$1M, 2% over $1M), 3B:18-13 (income commissions: 6%), 3B:10-3 (spouse/DP/CUP small estate $50K), 3B:10-4 (heir small estate $20K), 3B:22-4 (creditor claims 9 months from death), 3B:15-1 (bond — administrators required; testamentary executors generally exempt), 22A:2-30 (filing fees $100 with letters/$50 without), R. 4:80-6 (beneficiary mailing notice within 60 days), R. 4:80-8 (creditor notice rule deleted eff. 9/1/2006)Verified May 31, 2026 The waiting period is 0 days after death. This avoids the need for formal probate and significantly reduces time and cost.
New Jersey has a statutory fee schedule for executor compensation.N.J.S.A. 3B:18-14Verified May 31, 2026 Typical executor fees range from 2% to 5% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the New Jersey executor fee calculator.
Probate costs in New Jersey include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The New Jersey probate calculator provides a detailed cost estimate based on estate value.
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New Jersey Estate Planning Resources
In-depth guides covering New Jersey probate laws, trust requirements, and estate planning strategies.
