Bergen County Probate Lawyer — Estate Planning & Administration
A Bergen County Probate Lawyer from Law Offices Of SRIS, P.C. handles the legal process of administering a deceased person’s estate under New Jersey law. This includes validating wills, appointing executors, and distributing assets. Our firm provides full representation for probate, estate planning, and trust administration matters in Bergen County. We help you handle Surrogate Court procedures and inheritance tax requirements.
New Jersey Probate and Estate Law
Probate in New Jersey is governed by the New Jersey Probate Code (N.J.S.A. 3B:1-1 et seq.) and the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.). The process formally appoints an executor (if there is a will) or an administrator (if there is no will) to manage the estate. This fiduciary is responsible for inventorying assets, paying debts and taxes, and distributing the remaining property to the rightful heirs or beneficiaries. While New Jersey repealed its state estate tax in 2018, it maintains an inheritance tax that varies from 0% to 16% based on the beneficiary’s relationship to the decedent.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the law, refer to the New Jersey Statutes (official NJ Legislature site). For local court procedures, visit the Bergen Vicinage website.
Handling Probate in Bergen County
In Bergen County, wills are probated through the Surrogate’s Court, which is part of the Superior Court. The key local procedural fact is that the executor must obtain an inheritance tax waiver from the New Jersey Division of Taxation for certain assets before they can be transferred. This waiver is often required for bank accounts, securities, and real estate, even for transfers to spouses or children.
- File the original will and death certificate with the Bergen County Surrogate’s Court.
- The Surrogate formally appoints the executor or administrator, issuing “Letters Testamentary” or “Letters of Administration.”
- Notify all heirs, beneficiaries, and creditors. Publish a notice to creditors in a local newspaper.
- Inventory all estate assets and apply for necessary inheritance tax waivers from the NJ Division of Taxation.
- Pay valid debts, claims, and any applicable taxes from the estate.
- File a final accounting with the court and distribute the remaining assets to the beneficiaries.
Potential Outcomes in Estate Matters
In Bergen County, probate and estate litigation can involve significant delays and costs if not handled properly, including court-supervised accountings and potential surcharges for fiduciaries.
| Matter | Legal Context | Timeline Impact | Financial Impact |
|---|---|---|---|
| Probate Administration | Supervised by Surrogate’s Court | 9-12 months typical | Executor commissions (statutory fee schedule) |
| Will Contest | Challenges validity of will | 6-18 months of litigation | Estate assets frozen; legal fees |
| Breach of Fiduciary Duty | Executor/Trustee misconduct | Varies | Surcharge (repayment) and removal |
| Inheritance Tax | NJ Division of Taxation | Tax due 8 months after death | 0-16% based on beneficiary class |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Background
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We focus on providing clear guidance through complex legal processes like probate and estate administration.
Contact a Bergen County Probate Attorney
If you are an executor, beneficiary, or planning your estate, a Probate Attorney Bergen County NJ from our firm can advise you. We serve clients throughout Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-9900
By appointment only.
Our New Jersey location serves clients at Bergen County courts. We are accessible via I-80, the NJ Turnpike, and Route 17. Contact us for a Probate Law Firm Bergen County NJ that offers 24/7 phone consultations. Meetings are by appointment only.
Bergen County Probate Lawyer FAQ
What does a probate lawyer do in New Jersey?
Yes. A probate lawyer guides an executor or administrator through the legal process of settling an estate. This includes filing documents with the Surrogate’s Court, managing assets, paying debts and taxes, and distributing property to heirs according to the will or state law.
Does New Jersey have an estate or inheritance tax?
New Jersey repealed its state estate tax in 2018. However, it maintains an inheritance tax that applies to assets left to certain beneficiaries, like siblings, nieces/nephews, or friends. The tax rate ranges from 11% to 16% for these classes, while transfers to spouses, children, and grandchildren are generally exempt.
How long does probate take in Bergen County?
It depends on the estate’s complexity. A simple, uncontested estate may be settled in several months. Estates with complex assets, inheritance tax issues, or will contests can take a year or more. The statutory timeline for filing an inheritance tax return is 8 months from the date of death.
What if someone dies without a will in New Jersey?
They die “intestate.” New Jersey law (N.J.S.A. 3B:5-1 et seq.) determines how their assets are distributed, typically to their closest relatives in a set order (spouse, children, parents, etc.). The court will appoint an administrator, instead of an executor, to handle the estate.
Can a will be contested in New Jersey?
Yes. A will can be contested on grounds like lack of testamentary capacity, undue influence, fraud, or improper execution. A contest must be filed in the Superior Court, Probate Part. During the litigation, the estate’s distribution is typically frozen.
For more information, see our New Jersey Estate Lawyer hub page. We also assist with related matters like business law in Bergen County and civil litigation in Bergen County. For help in nearby areas, consider our Atlantic County estate lawyer or Camden County estate lawyer.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.