Wills & Estates
We understand that the circumstances following the death of a family member can be difficult. We want to make this transition as smooth and as accessible as possible. Please do not hesitate to reach out if you have any questions.
Wills
A Will is a legal document containing instructions as to what should be done with an individual’s money and property after their death. Every Will that is enacted in Essex County must first be validated—which is formally referred to as probating—by our office, so that the executor—the person responsible for carrying out the Will—has the legal right to fulfill their duties.
Overview of Cost
These prices are general and may not cover the extent of your situation. Visit our office to learn more about the pricing and costs associated with these processes.
- Probate a Will (2 pages or less)
$100.00- Each Additional Page
$5.00
- Each Additional Page
- Child Support Verification
$5.00 - First Short Certificate
Free- Each Additional Short Certificate
$5.00
- Each Additional Short Certificate
- 1 Page Codicil
$25.00- Each Additional Codicil Page
$5.00
- Each Additional Codicil Page
- Renunciation
$5.00 - Co-Executors
$15.00
Forms
If you have any questions about which forms are needed for your situation, please call or visit us at our office.
Probate
General Probate is the legal process whereby a Will is “proved” in a court and accepted to be the true and last testament of the deceased as a valid public document. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims, and distributing the deceased person’s property under a will.
- Self-Proving Will
- Succeeding Executor
- Administration CTA
- Substitutionary Administration CTA
- Witness Proof
- Non-Resident
Trusts
A testamentary trust is a legal arrangement created in an individual’s Will that transfers assets to a trust to be managed by a trustee for a beneficiary named in the Will.
- Succeeding Trustee
- Testamentary Trustee
Miscellaneous
Administration
If a person dies without a Will, a situation described as intestate, our office is responsible for appointing someone to manage the deceased’s property and/or money. The lack of a Will can have significant negative consequences for families during an already stressful and painful time. This is why we encourage Essex County residents to have a Will in place. While our office cannot provide legal advice, we can assist you and educate you on effective estate administration.
Overview of Cost
These prices are general and may not cover the extent of your situation. Visit our office to learn more about the pricing and costs associated with these processes.
Basic Cost of Administration
- Application
$125.00-
This price includes the preparation, execution, indexing, and filing of many forms and documents related to this process. For a full description of what is included, please call or visit us in the office.
Additional Documents: $5.00 per page
-
- Child Support Verification
$5.00 - Affidavit
$5.00 - Certificates
$5.00 each
- Renunciation
$5.00 - Surviving Spouse Affidavit Starting Rate
$65.00 - Next of Kin Affidavit Starting Rate
$65.00 - Administration ad prosequendum
$50.00 - Exemplifying Administration
$75.00 - Certified Copy of Administration
$50.00
Forms
If you have any questions about which forms are needed for your situation, please call or visit us at our office.
Administration
General administration is used when a resident of New Jersey dies intestate, which means lacking a Will. The Surrogate has the authority to appoint an administrator of an estate. If you are appointed administrator, you are responsible for the estate and may be required to post a surety bond, which is a contract that protects the heirs and creditors of the estate and is based on the amount of assets.
- General Administration
-
Next of Kin Affidavit (Not to Exceed $20,000)
- Application Next of Kin Affidavit of Assets and Declaration
- Consent to Next of Kin
When there is no surviving spouse, domestic partner, or partner in a civil union, one of the heirs by intestacy law, having obtained the consent in writing of the remaining heirs by intestacy law, may apply for an Affidavit of Next of Kin. The affidavit must specify the nature, location, and value of the intestate’s real and personal assets. In lieu of Administration, an Affidavit of Next of Kin may be issued for deaths after November 8, 2015 in which the entire value of the estate does not exceed $20,000.
-
Surviving Spouse Affidavit (Not to Exceed $50,000)
- Application Surviving Spouse Affidavit of Assets and Declarations
- Supplemental Surviving Spouse Affidavit of Assets and Declaration
The surviving spouse or domestic partner is the only person entitled to apply for the affidavit and the only person to inherit by intestacy. The affidavit must specify the nature, location, and value of the intestate’s real and personal assets. The assets of the estate up to $10,000 will be free from all debts of the intestate. In lieu of Administration, a Surviving Spouse Affidavit may be issued for deaths after November 8, 2015 in which the entire value of the estate does not exceed $50,000.
-
Ad-Prosequendum
- Application Administration Ad Prosequendum
If a lawsuit for wrongful death is to be brought on behalf of a decedent who dies intestate (without a will), an Administrator Ad-Prosequendum must be appointed to initiate the lawsuit.
- Substitute Administration