With A Will / Probate
Probate With A Will
After someone passes away, their Last Will and Testament is probated if they have assets in their name only. This legal process, which verifies the authenticity of the Will, starts when the named Executor/Executrix makes application to the Surrogate Court in the county where the deceased person lived, as indicated by residence on the Death Certificate.
Steps to Follow:
- Locate the deceased person's original Will.
- The named Executor/Executrix, included in the original Will is responsible for filing the Will with the Monmouth County Surrogate's Court.
The Monmouth County Surrogate's Court will need the following:
- Original Last Will and Testament and any Codocils(s) if applicable.
- Original death certificate with a raised seal
- Names and addresses of bloodline next-of-kin
- Government issued Photo ID (such as a driver's license or passport)
The Will can be submitted for probate any time after the death, but the Surrogate cannot issue Letters Testamentary or Short Certificates until the eleventh day after death.
If the Last Will and Testament is accepted for probate, the Surrogate will appoint the Executor/Executrix and issue Letters Testamentary and Short Certificate(s), giving them the authority to administer the estate.
The Surrogate Court may not act in any matter:
- If a Caveat is filed before the entry of its judgment
- If the Surrogate certifies that the case to be of doubt or difficulty
- If a dispute arises as to any matter
In these instances, as well as others, the estate must be admitted through the Superior Court.
How to File for Probate With a Will:
You can file with the Monmouth County Surrogate’s Office via this website's secure electronic Online eFile portal, In-Person at the Surrogate’s Office, or By Mail. Detailed instructions are available on this site.
A probate clerk will review the estate and obtain any additional information. They will also be available to answer any questions.
Once an Executor/Executrix for the estate is officially appointed, the Surrogate's Court will issue documents confirming that the estate has been probated and an Executor/Executrix has been appointed with authority to act on the estate's behalf.
Statutory Fees are listed on the website. Keep in mind that no two estates are identical, so procedures and costs may vary. We accept checks, credit cards or money orders.
If you are named in a Will as the Executor but you do not wish to act, you will need to complete the Renunciation of Executor form.