Probate of Will

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Probate of a Will is a legal process which the Surrogate establishes the validity of the Will and appoints the Executor. An estate is opened in the County where the decedent resided at time of death. If the decedent has titled assets in their name alone, like bank accounts, motor vehicles, real estate, stocks, etc., probating the will enables the Executor to transfer title to these assets.

The Executor must bring to the office:

The original Will with original signatures;
Certified copy of the death certificate
Identification
Cash or check for fees. We do not accept credit cards or debit cards (minimum $100)
If the first named Executor is deceased, bring in their original death certificate, also.

Short Certificates

If the Will is valid, the Executor will be appointed by the Surrogate and given the authority to transfer the decedent's assets by way of short certificates.

A short certificate is the document issued by the Surrogate the Executor will use as proof of their authority to transfer or sell the decedent's assets. A short certificate will be needed for the transfer or sale of any asset in the decedent's name alone.

Fees

The Will may be offered for Probate any time after the death occurs; however, the Surrogate cannot complete probate until the eleventh day after death. Please be advised that the fee for probating a Will starts at $100.00. Please see the fees section of this website for exact cost. We only accept cash or check.

Contact

It is not necessary to make an appointment to probate a Will and this office does not require you to be represented by an Attorney. If you have any questions please do not hesitate to call (609) 645-5800.

Forms and Instructions

Surrogate Information Sheet – Information sheet that Executor or Attorney can fill out before probate to gather names and addresses.

Duties of Executor – Responsibility of carrying out the decedent's wishes and intentions.

Notice of Probate/ Proof of Mailing – A notice in writing signed by the Executor of the Will to all beneficiaries under the Will and to all the next of kin who would inherit under the intestacy laws that the Will has been probated.

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