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Probate is the legal process that occurs when a person passes away and the court becomes responsible for validating an existing will and overseeing the administration of the estate. How smoothly the probate process goes heavily depends on whether or not the deceased individual had a will, but in either circumstance, the Surrogate Court will play an important role in this process. In Bergen County, the Surrogate Court is located at 2 Bergen County Plaza #5000, Hackensack, NJ 07601.
Settling an estate property is not only important for honoring your loved one’s wishes, but also for ensuring that legal requirements are met and disputes are avoided. In this article, we will discuss the probate process if there is or isn’t a will present, the role of the Bergen County Surrogate Court, the challenges associated with probate, and the importance of having a skilled attorney from Rosenblum Law during this process.
The Probate Process With and Without a Will
The probate process in Bergen County can vary greatly depending on whether the deceased individual left a valid will behind.
When a person dies with a will, the estate goes through probate as a testate estate. Their will will most likely name an executor, i.e. someone who the deceased person entrusted to carry out their final wishes, including managing and distributing the estate. Once the Surrogate Court officially appoints an executor in their county, they will be responsible for gathering the deceased’s assets, paying any outstanding debts, and distributing the remaining property according to the instructions in the will.
When a person dies without a will, the estate is considered intestate. In this case, the court appoints an administrator, who is usually a close family member, to manage the estate. Instead of following the deceased’s personal wishes, the estate is distributed according to New Jersey’s intestacy laws, which outline the order of who will inherit the estate based on family relationships.
Whether an estate is testate or intestate, a skilled probate attorney in Bergen County can help ensure the process runs smoothly, reduce delays, and protect the interests of the heirs.
The Importance of Hiring a Probate Attorney in Bergen County
Probate can quickly become overwhelming without the right guidance. A skilled probate attorney helps ensure that everything is handled correctly, reducing stress for families and protecting the interests of the estate. Here are some of the ways in which a probate attorney can help:
- Local Knowledge of Bergen County Surrogate’s Court: An attorney familiar with the specific procedures, paperwork, and expectations of the Bergen County Surrogate’s Court can streamline the process and prevent filing errors and delays.
- Guidance for Executors From Start to Finish: From gathering assets and notifying beneficiaries to paying debts and filing final tax returns, an attorney will advise the executor during every step of the process.
- Handling Out-of-State and Complex Assets: If the estate includes property in other states, business interests, or investment accounts, a probate attorney will go through all the necessary legal steps to manage and distribute these assets properly.
- Preventing Disputes and Resolving Conflicts: A probate attorney serves as a neutral professional who can clarify legal rights and help resolve misunderstandings or potential challenges, which can avoid costly disputes.
The Role of Bergen County Surrogate’s Court
The Bergen County Surrogate Court is responsible for handling probate matters in Bergen County, such as determining the validity of the will, overseeing the distribution of assets, and appointing an executor or administrator. The court is located at 2 Bergen County Plaza #5000, Hackensack, NJ 07601.
Appearing before the Bergen County Surrogate Court is by appointment only. If there is an executor appointed in the will, they should visit the Surrogate Court where the deceased individual resided. If there is no will or no executor named, the decedent’s next of kin can visit the court, and the Surrogate Court will then appoint an administrator. To make an appointment in the Bergen County Surrogate Court and to read more about the documents needed to assist in processing probate, click here. For probate matters, the court can also be reached at [email protected].
Common Probate Mistakes Families Make Without an Attorney
Probate can be complex, and without experienced legal guidance, families often make costly mistakes that delay or derail the process. Some of these include:
- Misunderstanding New Jersey’s inheritance tax and filing deadlines: New Jersey may impose an inheritance tax on certain beneficiaries. Tax filings are due within eight months of the decedent’s death, and late filings can trigger penalties and interest payments.
- Overlooking creditor claims or debt resolution: executors must notify potential creditors and settle valid debts before distributing assets. Failing to do so can leave the estate, and sometimes the executor, liable.
- Failing to properly notify beneficiaries: Under New Jersey law, all beneficiaries and heirs are entitled to formal notice. Skipping or doing this step incorrectly can lead to legal challenges, disputes, or claims of executor misconduct.
- Delays due to incomplete paperwork: Missing death certificates, improperly signed forms, or other incorrect or missing paperwork can cause delays in probate, sometimes adding months to the process.
Working with a probate attorney will help families avoid these pitfalls, stay on schedule, and reduce the emotional and financial burden during this process.
Contact Rosenblum Law Today
At a time when you are focused on grieving, navigating the complexities of probate can feel daunting and overwhelming. This is why you need an experienced, skilled probate attorney to help guide you through this process successfully and efficiently.
At Rosenblum Law, we have years of experience dealing with probate matters. One of our attorneys can file and manage documents required by the court, assist with contested wills and potential family disputes, and provide compassionate service tailored to you and your family’s needs. Contact us today for a free consultation, and get one step closer to completing the probate process.
FAQs
The executor named in the will is responsible for managing the estate during probate. If there is no will, the court will appoint an administrator to manage the estate – typically a close family member. The executor or administrator collects assets, pays debts and taxes, and distributes the estate according to the will, or according to New Jersey intestacy laws if there is no will.
When someone dies without a will, their estate is considered intestate, and New Jersey law determines who inherits the deceased’s assets. The Surrogate’s Court will appoint an administrator, usually the closest next of kin, to handle the estate. The asset distribution process will then follow a strict legal order. A probate attorney can guide you through the intestate process and help ensure that all legal requirements are met.
A skilled probate attorney in Bergen County can help ensure the process goes smoothly in a number of ways, including by preparing accurate paperwork, meeting court deadlines, and mediating family disagreements. They can also defend the estate against legal challenges and help prevent costly delays. Having professional legal support can reduce stress and protect the interests of everyone involved.
The probate process in New Jersey generally takes about one year. However, the process depends on the size and complexity of the estate, whether there are disputes, and how quickly required filings are completed. Simpler probate cases may be resolved more quickly, while those involving real estate, litigation, or multiple beneficiaries can take as long as 18 months to two years.
Yes, in some cases. Probate can potentially be avoided or minimized through careful estate planning, such as creating a revocable living trust, naming beneficiaries on accounts, or holding property jointly with rights of survivorship. An estate planning attorney may be able to help you or your loved one avoid probate in NJ.
Last updated: Jul 29, 2025
