ABOUT US / HISTORY
ABOUT US
The Surrogate's Court is a Department of County Government and a branch of the Superior Court of New Jersey. A surrogate is a Constitutional Officer who is elected every five years. The Surrogate serves as Deputy Clerk of the Superior Court, Chancery Division, Probate Part, and Chancery Division Family Part for adoptions, as well as Judge of the Surrogate's Court.
Responsibilities include:
• Administration of an estate- admitting wills to probate or granting administrations without a will.
• Overseeing guardians of incapacitated persons.
• Review and file adoptions.
• Managing the minors' intermingled trust fund as the custodian of that fund.
• Official custodian of records for estates, wills, guardianship, and adoptions.
HISTORYThe New Jersey Constitution established the Surrogate's Court, which is governed by state statutes. This Court operates in each county, and the Surrogate is the Judge of that Court. The Surrogate's Court is a branch of the Superior Court of New Jersey in the Chancery Division. The Surrogate is a Constitutional Officer who is elected to the position every five years. In addition to serving as the Judge, the Surrogate also serves as the Deputy Clerk for the Superior Court in the Chancery Division, Probate Part, and Chancery Division, Family Part for adoptions.
The term "Surrogate" refers to an individual “who takes the place of another”. In each county, the Surrogate was appointed to assume the duties of the Governor, who in 1710, had been granted the authority to probate wills, grant marriage licenses, and perform other functions that were initially under the jurisdiction of the Church, as sanctioned by the Archbishop of London. This authority was eventually transferred to the Governor of the New Jersey Crown Colony.
The Surrogates and Surrogates Court were formally recognized as separate offices in the 1844 New Jersey Constitution and Surrogate were authorized to run for election in each county to hold office for a five-year term. Over time, the powers and responsibilities of County Surrogates were modified to meet contemporary needs through various laws and amendments.
Today, the Surrogate's Court operates as a court of limited jurisdiction. The County Surrogate has the authority to qualify executors and trustees named in wills, to appoint administrators for those who die without wills, and to appoint guardians for minors and legally incapacitated persons. The Surrogate’s office is also responsible for overseeing the procedure in contested estate matters, in the declaration of incapacitation, in appointment of guardians, and in the granting of adoptions in the Superior Court of New Jersey. Additionally, the Court conducts formal accountings and administers a Guardianship Monitoring Program.
The Surrogate's Court is also custodian of funds awarded to minors through settlements, inheritances, or as beneficiaries of life insurance proceeds. The Court acts as a custodian for these accounts until the minors reach the age of 18. Currently, there are over 400 accounts totaling more than $20 million held in the Monmouth County Surrogate's Intermingled Trust Fund.
The Surrogate also serves as the official custodian of records for estates, wills, guardianships, and adoptions, ensuring that all documents are updated using the latest technology. Wills and other estate documents dating back to the late 1700s are permanently archived with the Surrogate's Court, both digitally and on microfilm or microfiche. Adoption records from 1941 onward are kept confidential and under seal to protect individual privacy. These records are invaluable resources for historians, families, title searchers, genealogists, and veteran organizations.
Surrogates of Monmouth County
1796 to present
| Surrogate | Years | Years Served |
| Lloyd, Caleb | 1796-1816 | 21 |
| Lloyd, Caleb | 1817-1846 | 30 |
| Conover, Arthur | 1847-1856 | 10 |
| Conover, John R. | 1857-1866 | 10 |
| Throckmorton, Aaron R. | 1867-1881 | 15 |
| Crater, David S. | 1882-1916 | 35 |
| Donahay, Joseph L. | 1917-1921 | 5 |
| Donahay, Joseph L. | 1922-1926 | 5 |
| Donahay, Joseph L. | 1927-1931 | 5 |
| Donahay, Joseph L. | 1932-1936 | 5 |
| Donahay, Joseph L. | 1937-1941 | 5 |
| Donahay, Joseph L. | 1942-1943 | 5 |
| McFaddin, Dorman | 1944-1948 | 5 |
| McFaddin, Dorman | 1949-1953 | 5 |
| Broege, Edward | 1954-1958 | 5 |
| Broege, Edward | 1959-1963 | 5 |
| Cunningham, Donald | 1964-1970 | 6 |
| vacant | 1971 | |
| Gagliano, Thomas S. | 1972-1976 | 5 |
| Smith, Andrew M., Jr. | 1977-1981 | 5 |
| Boyle, William J. | 1982-1986 | 5 |
| Bennett, Patricia A. | 1987-1991 | 5 |
| Muhler, Marie S. | 1992-2006 | 15 |
| Peters, Rosemarie | 2007-2021 | 15 |
| Raisch, Maureen T. | 2022-Present | |