Letters of Administration and Affidavits
When a person dies intestate, or without leaving a Will, the Surrogate must decide who will administer the estate. The administration must be opened in the county where the decedent lived. If there is a will, the will must be probated.
Administrator
The person who is seeking to qualify as Administrator must bring into the Surrogate's office:
- A certified copy of the death certificate,
- A complete list of names and addresses of all immediate next of kin of the decedent,
- Documentation of the assets with an exact amount of the value of the assets in the decedent's name alone, ie bank statements, car titles, stock statements, Deeds, etc
- List of debts in the decedent’s name, ie unpaid funeral bill, credit cards, taxes, medical bills, etc.
- Identification of the person applying
- Cash or check for applicable fees. We do not accept credit cards or debit cards.
Your right to act as an Administrator is defined by law in the following relationship order:
- Spouse of the decedent
- Children of the decedent
- Parents of the decedent
- Brothers and sisters of the decedent
- Children of a deceased brother or sister
Persons having a prior or equal right to act as Administrator under the law will be required to renounce their right to act. The Surrogate’s office will provide you with that form upon application of an administration.
Surety Bond
In most cases, a surety bond will be required in order to appoint an Administrator. The purpose of the bond is to protect all heirs and creditors of the estate. Pursuant to New Jersey Statute N.J.S.A. 3B:15-1, the order of appointment includes a requirement that the Administrator post bond.
The Surrogate sets the bond amount based on the total amount of the estate and number of heirs. The applicant may choose the insurance agency they wish to purchase the bond from. The bond must be purchased before the Administrator will be appointed.
Refunding Bond and Release
Once the estate is closed and all the debt has been paid and the money has been distributed, a Refunding Bond and Release must be filled out by every beneficiary of the estate, including the Administrator, and filed with the Atlantic County Surrogate, in order to get released from the bond. You can obtain this form from the Surrogate’s Office or from the Refunding Bond and Release document online.
Filing Fee is $10.00 for first 2 pages, $5.00 for each additional page.
If the applicant qualifies as the Administrator, Letters of Administration and a short certificate will be issued by the Surrogate. A short certificate is the document the Administrator will use as proof of their authority to transfer or sell the decedent's assets.
Small Estates, Intestate (Without a Will)
There is a procedure whereby the assets of the small estate can be transferred to the surviving spouse without the necessity of Administration. An Affidavit of Surviving Spouse can be issued to the surviving spouse if the decedent did not have a Will and the real and personal assets of the decedent do not exceed $50,000.00. If there is a will, the will must be probated.
A similar procedure is used when the decedent dies without a Will, leaving no surviving spouse, but does leave next of kin. If the total value of the real and personal property of the decedent does not exceed $20,000.00, one of the next of kin, with the consent of the others, may apply for an Affidavit of Next of Kin in lieu of Administration. The Surrogate’s Office will provide you with the Consent of Heir forms.
The applicant seeking to qualify can come into the Atlantic County Surrogate's office any time after the death occurs; however, the Surrogate cannot issue anything until the sixth day after death. It is not necessary to make an appointment. If you have any questions, please call (609) 645-5800.
See our Forms page to obtain the Information Sheet which can be completed prior to visiting our office. Please bring in documentation of the assets, i.e. car titles, car registrations, bank statements, etc. so we can determine the value of the estate assets.
Administration Ad Prosequendum
If a suit for wrongful death is to be brought on behalf of an estate, and the decedent did not have a Will, an Administrator Ad Prosequendum must be named. Your attorney will advise you if this is required. Most of the same requirements will apply for the person seeking to qualify as the Administrator Ad Prosequendum. You must know the name of the defendants in the wrongful death suit.
Filing fee for this is $50.00. If a renunciation is required, there’s an additional fee of $5.00 per page.