Without a Will / Administration

ADMINISTRATION OF AN ESTATE

When a person passes away without a Will in New Jersey, it is referred to as dying "intestate," indicating that they did not leave written instructions about how their assets should be distributed. An intestate estate can also occur if the Will presented to the court is considered invalid.

It is the duty of the closest relative to apply to the Surrogate of the county in which the deceased person resided at death The laws in the State of New Jersey (Statute section 3B:5) define who has the first right to apply to the court as the Administrator. Relatives with equal standing to the applicant will be required to file a renunciation.

Below is the priority of the next of kin according to the state statute.

• First: Spouse of the decedent 
• Second: Children of the decedent 
• Third: Parents of the decedent 
• Fourth: Brothers and sisters of the decedent 
• Fifth: Children of a deceased brother or sister 
• Please refer to Statute 3B:5 for the complete list.

The Monmouth County Surrogate's Court will need the following:

• An original death certificate with a raised seal 
• Names and addresses of first bloodline next of kin 
• A list with the value of all assets in the decedents name alone. A copy of the current tax bill is required for real estate 
• Government issued Photo ID (such as a driver's license or passport)

After the New Jersey State Statutes are fulfilled, the Surrogate will appoint an Administrator for the estate and issue them Letters of Administration, which give them the authority to manage the estate. 

Affidavit of Next of Kin
When the assets of the estate do not exceed $20,00.00, an Affidavit of Next of Kin in Lieu of Administration may be issued. The assets are specifically listed in the Affidavit and consents are required of all next of kin who have equal standing in accordance with N.J.S.A 3B:10-4.

Affidavit of Surviving Spouse
When the assets of the estate do not exceed $50,000.00, an Affidavit of Surviving Spouse may be issued. The assets are specifically listed in the Affidavit in accordance with N.J.S.A. 3B:10-3.

How to file for Administration:
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. If needed, be ready to arrange a bond with a surety company. The Surrogate's Office can provide you with a list of local bonding agencies.

Once an Administrator for the estate is officially appointed, the Surrogate's Court will issue documents confirming that the estate has been probated and an administrator has been appointed with authority to act on the estate's behalf.

Statutory Fees are listed on the website. Please keep in mind that no two estates are identical, so procedures and costs may vary. We accept checks, credit cards or money orders.