What Do I Do When Someone Dies in New Jersey?

A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.

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New Jersey Executor Checklist

50 tasks to complete

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Notify immediate family members

Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.

Confirm who has authority over final arrangements

New Jersey: State law sets the order of who controls disposition of remains. Order: Person designated by decedent on DD Form 93 (active duty service members only; N.J.S.A. 45:27-22(a)); then Person appointed by decedent in a will OR on a board-approved written form (signed before no fewer than 2 witnesses and notarized; N.J.S.A. 45:27-22(a) as amended by P.L.2019, c.187); then Surviving spouse, civil union partner, or domestic partner (N.J.S.A. 45:27-22(a)(1)); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Arrange burial, cremation, or other disposition

Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.

New Jersey: Cremation has a 24-hour waiting period. A burial or disposition permit is required, issued by Local registrar of vital statistics; the funeral director in charge files the death certificate in exchange for a burial, removal, or transit permit (R.S. 26:6-6). The death certificate must be filed within 1 day. Typical state costs: direct cremation ~$1,700, direct burial ~$3,200, traditional funeral ~$9,500.

How many death certificates do I need?

Obtain certified death certificates

New Jersey: Order from New Jersey Department of Health - Office of Vital Statistics and Registry. Fee: $25/copy ($2 additional). Available: online, phone, mail, in-person. Processing: 2-4 weeks for mail orders; 4-6 weeks online.

Unsure how many death certificates you need?

Secure the residence and valuables

Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.

New Jersey: Homestead exemption up to $1,000.

Locate estate planning documents

Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.

Determine if probate is necessary

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

New Jersey: Small estate affidavit available for estates under $50,000. Independent administration reduces court oversight.

Do I need probate?Estimate probate costs in your state

Arrange mail forwarding or collection

Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.

USPS death notification procedures

Notify Social Security Administration

Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.

Federal: Timing: As soon as possible after death — payments for the month of death and later must be returned. The funeral home typically initiates the report. SSA: 1-800-772-1213.

SSA death notification procedures

Notify Medicare/Medicaid if applicable

Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.

New Jersey: Medicare: No Medicare notification deadline — coverage ends with the death and CMS is notified through SSA. Deadlines that do bind the estate: a Medicare Secondary Payer demand must be repaid within 60 calendar days or interest accrues (42 CFR 411.24(h)), and any claim for services furnished before death must be filed within 12 months of the date of service.. If the deceased received Medicaid, New Jersey's estate recovery program (New Jersey Division of Medical Assistance and Health Services (DMAHS) — Estate Recovery) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.

Medicare/Medicaid death notification procedures New Jersey Medicaid estate recovery program

Notify Veterans Affairs if applicable

If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.

Federal: Timing: No fixed deadline to report the death, but report right away to stop payments and avoid overpayment debt; accrued-benefits and substitution requests are due within 1 year of death, and non-service-connected burial allowance claims within 2 years of burial. VA: 1-800-827-1000 (select 5 to report a death); 1-800-535-1117 (national cemetery scheduling).

VA death notification and survivor benefits

Notify employer or former employer

Contact employer about final paycheck, accrued PTO, life insurance, retirement benefits, and COBRA options for survivors.

Employer benefits and pension after a death

Notify banks and financial institutions

Contact each bank and financial institution. They will freeze accounts until proper documentation is provided.

Find your bank or credit union death claim process FDIC guidance on accounts after a death

Notify insurance companies

Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.

New Jersey: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (N.J.S.A. 3B:3-14). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.

Find your insurance company death claim process

Freeze credit at all three bureaus

Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.

FTC identity theft prevention for the deceased

Gather financial account statements

Collect recent statements for all bank accounts, investment accounts, retirement accounts, and any other financial accounts.

What are my personal items worth for probate?

Gather real estate documents

Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.

New Jersey: Homestead exemption up to $1,000.

What is a Transfer on Death deed?

Gather recent tax returns

Locate the last 3-5 years of federal and state income tax returns. These help identify income sources, assets, and deductions.

Do I have to file tax returns for someone who died?IRS procedures when someone dies

Obtain an EIN for the estate

Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.

Apply for an estate EIN IRS procedures when someone dies

Open the estate with the appointing office

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond.

New Jersey: Apply to the County Surrogate, which prepares the qualification papers for signature; there is no petition to file. Counties may require additional local forms. Filing fee $100. Independent administration reduces court supervision. Typical duration: 9-24 months.

Can I self-file probate?

Obtain letters testamentary or administration

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.

New Jersey: Letters Testamentary are issued by the Elected County Surrogate (acting as judge of the Surrogate's Court / deputy clerk of the Superior Court), who issues Surrogate's Certificates evidencing the Letters. The state's title for the role is Personal Representative (Executor if testate, Administrator if intestate; Administrator with the Will Annexed where applicable). Typically brought to the appointment: 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 relationships; Renunciations (acknowledged) of persons whose right to letters is prior or equal to the applicant’s, OR proof of notice to them — required only when the applicant is not the person first entitled; Qualification (oath/affirmation) of the executor or administrator taken before the Surrogate; Bond where required (intestate administration and nonresident executors; see bond rules); Notice of Probate mailed within 60 days of probate to all beneficiaries under the will and all persons designated by R. 4:80-1(a)(3), with proof of mailing filed with the Surrogate within 10 days thereafter.

Post surety bond if required

If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.

New Jersey: Bond required unless waived in will. Typical premium: 0.5% of estate value.

Open an estate bank account

Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.

Consider hiring a probate attorney

For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.

New Jersey: Attorney fees typically 2.4-3.9% of estate.

Find a probate attorney in your state Can I self-file probate instead?

Publish notice to creditors

Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.

New Jersey: New Jersey does not require newspaper publication. Creditors have 9 months from the date of death to file claims.

What are the creditor claim deadlines?

Inventory digital accounts and assets

Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.

New Jersey: New Jersey has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.

Digital assets guide

Search for unclaimed property and lost assets

Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.

New Jersey: Search New Jersey Unclaimed Property Administration — Department of the Treasury for forgotten accounts, refunds, and uncashed checks owed to the deceased.

New Jersey Unclaimed Property Administration — Department of the Treasury unclaimed property search

Manage real estate

Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.

New Jersey: Property owned in other states may require ancillary probate in those states. State recognizes out-of-state personal representatives.

Estimate probate costs for real estate

Review and manage investments

Review investment accounts, decide whether to maintain or liquidate positions, and manage accounts prudently during administration.

Find your brokerage death claim process SEC guidance on accounts after a death

Handle retirement accounts

Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.

Find your retirement provider death claim process Are my beneficiary designations protected?

Identify and list all debts

Create a comprehensive list of all debts including credit cards, loans, mortgages, and any other obligations.

What are the creditor claim deadlines?CFPB guidance on debts after a death

Cancel subscriptions and memberships

Cancel recurring charges for subscriptions, memberships, and services no longer needed.

Managing digital accounts after a death

File inventory with the court

Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.

New Jersey: The estate inventory has no fixed statutory deadline. You must engage an independent appraiser to value the assets.

What are my personal items worth for probate?

Review and respond to creditor claims

Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.

New Jersey: After a claim is rejected, the creditor has 90 days to sue on it. If the estate cannot pay every claim, payment order: Reasonable funeral expenses; then Costs and expenses of administration; then Debts for services of the Office of the Public Guardian for Elderly Adults; then remaining claims in statutory order.

What are the creditor claim deadlines?

Wait for creditor claim period to expire

Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.

New Jersey: Creditor claim period is 9 months from the date of death.

What are the creditor claim deadlines?

Transfer vehicle titles

Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.

New Jersey: New Jersey titles can carry a Transfer on Death ("TOD") beneficiary designation (N.J.S.A. 39:3-30.1b). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the New Jersey Motor Vehicle Commission (MVC).

What are my personal items worth for probate?New Jersey Motor Vehicle Commission (MVC) — TOD designation information

File final personal income tax return

File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.

New Jersey: File NJ-1040 (New Jersey Resident Income Tax Return) for January 1 through date of death. Due April 15 following year of death. File NJ-1040 for income earned January 1 through date of death. Write "Deceased" and date of death on return. Surviving spouse may file jointly. Extension via Form NJ-630 (up to 6 months). N.J.S.A. 54A:8-1.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1040 (Federal)IRS Free File NJ-1040 (New Jersey Resident Income Tax Return) (New Jersey)New Jersey Online Filing

File estate/trust income tax return

If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.

New Jersey: File NJ-1041 (New Jersey Gross Income Tax Fiduciary Return) for estate/trust income. Required when Required if the estate or trust has gross income exceeding $10,000 — N.J.S.A. 54A:8-3.1.a(1)(c). Due April 15 (calendar year); 5.5-month extension available via NJ-630. NJ fiduciary tax uses same graduated rates as individual (1.4%–10.75%). Schedule NJ-K-1 issued to beneficiaries. N.J.S.A. 54A:8-3.1, 54A:2-1.

Do I have to file tax returns for someone who died?IRS procedures when someone dies IRS Form 1041 (Federal)NJ-1041 (New Jersey Gross Income Tax Fiduciary Return) (New Jersey)

Determine if estate tax return is required

For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.

New Jersey: Also has INHERITANCE TAX on beneficiary distributions. File IT-R (New Jersey Inheritance Tax Resident Return), due 8 months after date of death (N.J.S.A. 54:35-1, 54:35-3).

How much are estate and inheritance taxes?IRS procedures when someone dies IRS Form 706 (Federal)Form 4768 (Extension)IT-R (New Jersey Inheritance Tax Resident Return) (New Jersey)

Obtain tax clearance if required

Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.

New Jersey: Tax clearance IS REQUIRED before final distribution. New Jersey requires a tax waiver before transferring certain assets: NJ real property, funds held in NJ financial institutions, NJ brokerage accounts, and stock or bonds of a company incorporated in New Jersey (N.J.S.A. 54:35-19). Under the "Blanket Waiver" an institution may release up to 50% of the entire amount of funds on hand without a waiver; the remaining funds require a waiver (N.J.A.C. 18:26-11.16). Class A beneficiaries in a resident decedent's estate use self-executing waivers — Form L-8, filed directly with the financial institution (never with the Division), for bank/brokerage assets, and Form L-9 to request release of the State's lien on NJ real property. Everyone else needs Form 0-1, which can only be issued by the Inheritance Tax Branch of the NJ Division of Taxation. Neither the L-8 nor the L-9 may be used where a mutually acknowledged child relationship is claimed. Form: Form 0-1 (Inheritance Tax Waiver, issued by the Branch) / Form L-8 (self-executing waiver, financial assets) / Form L-9 (real property waiver request).

Do I have to file tax returns for someone who died?New Jersey Tax Clearance

Determine your executor commission

An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.

New Jersey: Executor compensation is set by statute. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.

How much can an executor charge?

Prepare distribution plan

Create a detailed plan for distributing assets according to the trust terms, will provisions, or intestate succession laws.

Who inherits without a will?

Notify beneficiaries of proposed distribution

Provide beneficiaries with a proposed distribution and accounting before making distributions.

I'm inheriting - what do I need to know?

Handle specific bequests

Distribute specific items (jewelry, heirlooms, etc.) to named beneficiaries as specified in the will or trust.

What are my personal items worth for probate?

Obtain receipts and releases from beneficiaries

Have beneficiaries sign receipts acknowledging distributions. Releases from liability are also commonly obtained.

Distribute assets to beneficiaries

Transfer assets to beneficiaries according to the distribution plan. Keep detailed records of all distributions.

Prepare final accounting

Create a detailed accounting showing all assets, income, expenses, and distributions. This may be required by the court or beneficiaries.

File final accounting with the court

Submit the final accounting to the probate court for approval. This is required before the estate can be formally closed.

Can I self-file probate?

Petition to close the estate

File a petition with the court to formally close the estate once all duties are complete.

Estate closing forms

Retain records for required period

Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.

I understand this is general guidance only and requirements vary by state. I will verify all requirements with my state's probate court.I understand this checklist is not legal advice; a licensed attorney handles legal questions.Send me helpful estate planning resources and updates

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This checklist provides general guidance for estate settlement. Requirements vary by state and circumstance. Consult a licensed attorney for legal advice.Data verified 2026-09-15

Frequently Asked Questions

Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from New Jersey Department of Health - Office of Vital Statistics and Registry. Fee: $25/copy ($2 additional). Available: online, phone, mail, in-person. Processing: 2-4 weeks for mail orders; 4-6 weeks online.

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated by decedent on DD Form 93 (active duty service members only; N.J.S.A. 45:27-22(a)); then Person appointed by decedent in a will OR on a board-approved written form (signed before no fewer than 2 witnesses and notarized; N.J.S.A. 45:27-22(a) as amended by P.L.2019, c.187); then Surviving spouse, civil union partner, or domestic partner (N.J.S.A. 45:27-22(a)(1)); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $50,000. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Apply to the County Surrogate, which prepares the qualification papers for signature; there is no petition to file. Counties may require additional local forms. Filing fee $100. Independent administration reduces court supervision. Typical duration: 9-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Elected County Surrogate (acting as judge of the Surrogate's Court / deputy clerk of the Superior Court), who issues Surrogate's Certificates evidencing the Letters. The state's title for the role is Personal Representative (Executor if testate, Administrator if intestate; Administrator with the Will Annexed where applicable). Typically brought to the appointment: 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 relationships; Renunciations (acknowledged) of persons whose right to letters is prior or equal to the applicant’s, OR proof of notice to them — required only when the applicant is not the person first entitled; Qualification (oath/affirmation) of the executor or administrator taken before the Surrogate; Bond where required (intestate administration and nonresident executors; see bond rules); Notice of Probate mailed within 60 days of probate to all beneficiaries under the will and all persons designated by R. 4:80-1(a)(3), with proof of mailing filed with the Surrogate within 10 days thereafter.

After a Death in New Jersey

The first step in settling an estate in New Jersey is evaluating the estate's size and how assets are titled. Estates under $20,000 may bypass formal probate entirely. Trust-held assets transfer outside probate regardless of value.

Creditors in New Jersey have 9 months to file claims after notice is published. This claim period sets a minimum timeline for estate settlement. State procedure sets a practical floor of about 9 months before an estate can close (N.J.S.A. 3B:22-4 (9-month creditor claim floor); remainder industry estimate (no statutory overall timeline)). Simple estates typically close in 6 months to 9 months, while contested or complex estates take longer.

The executor or personal representative in New Jersey manages all estate affairs during the settlement period. New Jersey requires an executor bond by default. A bond waiver in the will eliminates this expense. New Jersey provides a family allowance for eligible survivors during administration, up to $5,000 (N.J.S.A. 3B:16-5, 3B:3-30). The New Jersey executor fee calculator covers what that work can charge.

Total settlement costs depend on estate size, complexity, and whether disputes arise. Attorney fees, executor compensation, court filing fees, and publication costs total about $35,885 on a $500,000 estate. A revocable living trust bypasses this entire process — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated September 8, 2026

Legal Sources

Data sourced from New Jersey statutes and official state code. How we research.

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Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.

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