Filing Fees

Sussex County, New Jersey

Fee Type	Amount
Adoption	$175.00
Affidavits of estates of minors where value of real and personal estate does not exceed $5,000.00	$5.00 per page
Miscellaneous petitions and orders	$5.00 per page
Appointment of appraisers	$25.00
Filing, entering and recording, microfilming or photostating, inventory and appraisement, not exceeding one page, and affidavits of appraisers and executor	$25.00
Each additional page	$5.00
Filing complaint and one page of accounting	$175.00
Notice of appeal (trial court)	$10.00
Minimum charge for all other papers or services in proceedings in the Superior Court, Chancery Division, Probate Part	$5.00
3B:1448 Service of Process by Surrogate	$25.00
Duplicating or copying of microfiche, digital tape, high density disks, optically scanned and recorded materials or for any other media used to record or preserve records	$150.00 per medium recorded
Processing fee for returned check	$20.00 plus bank fee
PROBATE	$100.00
Probate of a will of not more than two pages	$100.00
Each additional page	$5.00
Probate of each codicil, not exceeding one page	$25.00
Where codicil requires an additional witness	$5.00
To reopen probate proceedings for qualification of executor or taking proof of extra witness	$25.00
Each additional witness	$5.00
Filing, entering, issuing and recording, microfilming or photostating, proceedings in commission for deposition of foreign witness to a will or codicil	$35.00
Administration ad prosequendum	$50.00, and for other documents, $5.00 per page
Exemplifying administration	$75.00
Certified copy of administration	$50.00
Granting letters of guardianship, acceptance of guardianship and filing of power of attorney	$50.00

Judges & Officers

Gary R. Chiusano, Surrogate

Required Forms

Worksheet #1 When There IS a Will Worksheet #2 When There Is NOT a Will Trust Worksheet (PDF)Refunding Bond and Release (PDF)Affidavit of Resident Decedent Requesting Real Property Tax Waiver(s) (New Jersey Form L-9) (PDF)L8 and L9 Forms (PDF)Renunciation - Instructions (PDF)Renunciation - Civil Practice Rules (PDF)Renunciation for Administration (PDF)Renunciation for Administration Ad Prosequendum (PDF)Renunciation for Substitutionary Administration (PDF)Renunciation of Residuary Legatee Administration With Will Annexed (PDF)Renunciation on Behalf of Minor (PDF)

Probate Forms Library

56 fillable forms — scroll to browse

Affidavit of Resident Decedent Requesting Real Property Tax Waiver(s) (New Jersey Form L-9) (PDF)countyDownload

Refunding Bond and Release (PDF)countyDownload

Renunciation for Administration (PDF)countyDownload

Renunciation for Administration Ad Prosequendum (PDF)countyDownload

Renunciation for Substitutionary Administration (PDF)countyDownload

Renunciation of Residuary Legatee Administration With Will Annexed (PDF)countyDownload

5.00 — Responsibilities of ExecutorcountyDownload

Trust Worksheet (PDF)countyDownload

Worksheet #1 When There IS a Will (PDF)countyDownload

Worksheet #2 When There Is NOT a Will (PDF)countyDownload

1041 — Accumulation Distribution for Certain Complex TrustsfederalDownload

1041-T — Allocation of Estimated Tax Payments to BeneficiariesfederalDownload

1041 — Alternative Minimum Tax — Estates and TrustsfederalDownload

Application For Burial BenefitsfederalDownload

SSA-4 — Application for Child's Insurance BenefitsfederalDownload

SF 2800 — Application for Death Benefits (CSRS)federalDownload

SF 3104 — Application for Death Benefits (FERS)federalDownload

Application For DIC, Survivors Pension And/Or Accrued BenefitsfederalDownload

SS-4 — Application for Employer Identification NumberfederalDownload

706 — Application for Extension of Time To File a Return and/or Pay U.S. Estate TaxesfederalDownload

SSA-10 — Application for Widow's or Widower's Insurance BenefitsfederalDownload

1041 — Beneficiary's Share of Income, Deductions, Credits, etc.federalDownload

1041 — Capital Gains and Losses (Estates and Trusts)federalDownload

706-CE — Certification of Payment of Foreign Death TaxfederalDownload

FE6 — Claim for Death Benefits (FEGLI)federalDownload

VA40-1330 — Claim For Standard Government Headstone Or MarkerfederalDownload

SF 2818 — Continuation of Life Insurance Coverage as AnnuitantfederalDownload

FE7 — Designation Of Beneficiary (FEGLI)federalDownload

SF 2823 — Designation Of Beneficiary Federal Employees' Group Life InsurancefederalDownload

FS 5336 — Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without AdministrationfederalDownload

8855 — Election To Treat a Qualified Revocable Trust as Part of an EstatefederalDownload

1041 — Estimated Income Tax for Estates and TrustsfederalDownload

706 — Generation-Skipping Transfer Tax (Form 706)federalDownload

706-GS — Generation-Skipping Transfer Tax Return for DistributionsfederalDownload

706-GS — Generation-Skipping Transfer Tax Return for TerminationsfederalDownload

8971 — Information Regarding Beneficiaries Acquiring Property From a DecedentfederalDownload

56 — Notice Concerning Fiduciary RelationshipfederalDownload

706-GS — Notification of Distribution From a Generation-Skipping TrustfederalDownload

1041-V — Payment Voucher (Estate or Trust)federalDownload

I-360 — Petition For Amerasian, Widow(er), Or Special ImmigrantfederalDownload

2848 — Power of Attorney and Declaration of RepresentativefederalDownload

FS 1455 — Request By Owner or Person Entitled to Payment for Reissue of United States Savings BondsfederalDownload

706 HAS — Request for Discharge From Personal Liability Under IRC 2204 or 6905federalDownload

4810 — Request For Prompt Assessment Under Internal Revenue Code Section 6501(d)federalDownload

FS 1522 — Special Form of Request for Payment of United States Savings and Retirement SecuritiesfederalDownload

SSA-721 — Statement of Death by Funeral DirectorfederalDownload

1310 — Statement of Person Claiming Refund Due a Deceased TaxpayerfederalDownload

706-NA — U.S. Estate Tax Return for Nonresident Not a Citizen of the U.S.federalDownload

706-QDT — U.S. Estate Tax Return for Qualified Domestic TrustsfederalDownload

1041 U — U.S. Income Tax Return for Estates and TrustsfederalDownload

1041-A — U.S. Information Return Trust Accumulation of Charitable AmountsfederalDownload

706-A — United States Additional Estate Tax ReturnfederalDownload

706 UNITED — United States Estate (and Generation-Skipping Transfer) Tax ReturnfederalDownload

709 — United States Gift (and Generation-Skipping Transfer) Tax ReturnfederalDownload

How to Apply for Guardianship of the Person and Estate ( ...NJ CourtsstateDownload

Monthly Report of Probate Part and Surrogate Court CasesNJ CourtsstateDownload

Court Documents & Links

Affidavit of Consideration (PDF)forms Affidavit of Consideration for Sheriff's Deeds (PDF)forms

Probate Guide

Probate in Sussex County, New Jersey

The Sussex County Surrogate's Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Sussex County, NJ, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In New Jersey, the surrogate's court in each county oversees this process.

When Is Probate Required in New Jersey?

Probate is generally required when:

The deceased owned real estate solely in their name
The estate contains assets above New Jersey's small estate threshold
There are disputes among heirs or creditors
Assets are not held in a trust or joint tenancy

Steps to File for Probate in Sussex County

Locate the will (if one exists) and gather the death certificate
File a petition with the Sussex County Surrogate's Court to open probate
Notify heirs and creditors as required by New Jersey law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
Close the estate — file a final accounting with the court

How Long Does Probate Take?

In New Jersey, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While New Jersey does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Sussex County Surrogate's Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Sussex County Surrogate's Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Surrogate's Court is a department of county government, as well as a branch of the Superior Court of New Jersey in the Chancery Division. 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. The Surrogate is a constitutional officer who is elected to the position by county voters every five years.

Office Hours

Monday-Friday8:30 AM - 4:30 PM

FAQ

Where do I file for probate in Sussex County, NJ?

Probate petitions for estates in Sussex County are filed at the Sussex County Surrogate's Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Sussex County?

Probate filing fees in Sussex County, New Jersey vary based on the estate value and type of petition. Contact the surrogate's court clerk for the current fee schedule.

How long does probate take in New Jersey?

Probate in New Jersey typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Sussex County?

While not always legally required in New Jersey, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in New Jersey, their assets are distributed according to state intestacy laws. The Sussex County Surrogate's Court will appoint an administrator to manage the estate.

Probate Attorneys

Closest to this court, New Jersey

Gary Botwinick

Einhorn, Harris, Ascher, Barbarito & Frost P.C.

Denville · 19 mi

Richard (Rick) Sanders

Day Pitney LLP

Parsippany · 23 mi

Angela Titus McEwan

Day Pitney LLP

Parsippany · 23 mi

General Trust & EstateTestamentary Planning+1

Jerome (Jerry) Deener

Fox Rothschild LLP

Morristown · 23 mi

Adam Grenker

Fox Rothschild LLP

Morristown · 23 mi

See more attorneys near Sussex County →

Related Resources

New Jersey Probate Guide →All New Jersey Courts →Financial Institutions →