New Jersey allows estates valued at $20,000N.J.S.A. 3B:10-3Verified Sep 8, 2026View source or less to use the Affidavit of Surviving Spouse or Next of KinN.J.S.A. 3B:10-3Verified Sep 8, 2026View source, which avoids full probate administration. In New Jersey the affidavit is filed with the Surrogate's Court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. There is no statutory waiting period. The limit rises to $50,000N.J.S.A. 3B:10-3Verified Sep 8, 2026View source when the surviving spouse is the sole heir.
Probate costs in New Jersey typically include attorney fees of 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, executor fees, and court filing fees. On a $500,000 estate, total costs run about $35,885R. 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, roughly 7% of estate value, varying with complexity. Estimate executor compensation separately with the New Jersey executor fee calculator.
New Jersey intestacy law decides. New Jersey follows separate property rulesN.J.S.A. § 3B:5-3Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Descendants of parents; Grandparents; Descendants of grandparents; Step-children and their descendants; No taker (unclaimed property)N.J.S.A. § 3B:5-3Verified Sep 10, 2026View source.
Yes. New Jersey imposes an inheritance taxN.J.S.A. 54:34-1, 54:34-2, 54:34-4Verified Sep 15, 2026View source, paid by the beneficiary rather than the estate, at a rate set by the relationship to the decedent. New Jersey has no separate state estate tax.
A will in New Jersey costs what the provider charges. An online service runs $0 to $299 up front. An attorney in New Jersey charges around $435Clio Compare Lawyer Rates, New Jersey: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates work, which puts a simple will at $1,305Estimate: 3 hours at $435, Clio's New Jersey Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,610Estimate: 6 hours at $435, Clio's New Jersey Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source. The document is only part of the cost: probate adds about $35,885R. 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 on a $500,000 estate in fees the heirs pay later.