The Passaic County Surrogate's Court is by appointment only. 

• Schedule an appointment in our Paterson office: Book your appointment

• Schedule a Night Court appointment: Book your appointment

• To make an appointment for Guardianship matters, please email monitoringclerk@passaiccountynj.org. 

A will is a written declaration of what a person wants done with their property upon death.  A person who dies leaving a will is said to die “testate.”  The law requires certain formalities for a will to be valid.  A valid will can transfer an interest in both personal property (e.g. bank accounts, furniture, stocks, clothing) and real estate.  A will allows a person to name a trusted individual to serve as an executor of the estate and guardian over the children.  It also can provide protection for family members; for example, trusts for adult incompetent children, or “sprinkling” trusts for minor grandchildren where a trustee has discretion to distribute income according to need.

Learn more about probating a will

To request a copy of a will, the first step is to request an estate search of our records. To request an estate search, send us:

1. A written request
2. A check for $10 made payable to the Passaic County Surrogate Court
3. A self-addressed stamped envelope

Our mailing address is:

Passaic County Surrogate Court
71 Hamilton Street, Room 101
Paterson, NJ 07505

If you are named as an executor in a Will, visit the Surrogate's Office in the County in which the decedent resided.

Bring with you:

1. A death certificate with a raised seal.
2. The original Will.
3. Names and addresses of next-of-kin.

Learn more about probating a will

When a person dies intestate, or without having a Will, the Surrogate must decide who will administer the estate.  If you are the closest living relative of the decedent, you should visit the Surrogate's Court to make application for administration of the Estate. 

Bring with you:

1. A death certificate with raised seal.
2. Names & addresses of next-of-kin.
3. Proof of Assets that are only in the name of the deceased (Zillow estimate of house, copy of deed, Kelly Blue Book value of car, copy of bank statement, stocks, bonds, etc.)
4. Government Issued Photo I.D.

There will be a minimum $125.00 Administration fee.  Be prepared to make arrangements with a Surety Company for a bond, if necessary.  No two estates are identical, so procedure and costs vary.  Surrogate Fees

Payment must be made by cash or check; credit cards are not accepted.  Please make checks payable to Passaic County Surrogate Court.

Your right to act as an Administrator is defined by the law in the following relationship order:

• First: Spouse of the decedent.
• Second: Children of the decedent.
• Third: Parents of the decedent.
• Fourth: Brothers and sisters of the decedent.

Learn more about Administration of an Estate

You can either search our index to see if we have anything recorded for that estate, or you can visit our vault during regular office hours.  

Certified copies of death certificates are available from Local Registrars for the municipality where the death occurred.  

Find a Local Registrar

To obtain a new certificate, send us:

1. A written request
2. A check for $5 made payable to the Passaic County Surrogate Court
3. A self-addressed stamped envelope

Our mailing address is:

Passaic County Surrogate Court
71 Hamilton Street, Room 101
Paterson, NJ 07505

If there is no Will, and the decedent is survived by a spouse/ Next of Kin, and the estate is under $50,000.00 and held in the decedent's name alone and not held jointly with a living person, a "Surviving Spouse" of “Next of Kin” affidavit can be issued by the Surrogate.  This is the document you bring to the DMV.

Learn more about transfer of title upon death of owner

Adults are declared incapacitated in Superior Court by way of an Order to Show Cause, Verified Complaint and certain required affidavits.  The Court will appoint an independent attorney to represent the alleged incapacitated person.  A report is generated and a plenary hearing may be required.

Learn more about Guardianship

The Annual Report of Guardian must be filed yearly on the anniversary date of a guardian's appointment, unless the judge specified otherwise on the date of appointment.  Guardianship reporting forms and instructions are provided at the state Judiciary website.

Visit njcourts.gov for the most current forms and instructions.