Will / Probate

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The Passaic County Surrogate's Court is by appointment only.  If you need an appointment, please click below to schedule.
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Probate of a Will

Under New Jersey law, the Surrogate admits Wills to probate, which means that the Will is proved to have been executed in the manner required by law.  If you are named as an executor in a Will, you should visit the Surrogate's Court in the County in which the decedent resided.  You can make an appointment for our Paterson office using the link above or visit one of our Night Court locations

Bring with you:

  1. A death certificate with a raised seal.
  2. The original Will.
  3. Names and addresses of next-of-kin.
  4. Government Issued Photo I.D.

In order to prove the decedent's signature, one witness who signed the Will must appear at the Surrogate's Court.  In the case of the Will having a "self-proving" affidavit, no witness is required to appear.

There will be a minimum probate fee of $100.00 for a Will of two pages with one Surrogate's Certificate.  Additional Surrogate Certificates are available for $5 each.  No two estates are identical, so procedure and costs vary. 

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

The necessary certificates upon probate of a Will cannot be issued by the Surrogate until at least 11 days after the date of death.  However, the executor or executrix may come to the Surrogate's Court to handle the paperwork required at any time, after death, regardless of the waiting time.

If you are named in a Will as the Executor but you do not wish to act, complete the Renunciation of Executor form below. 

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