How probate works in New Jersey
Probate happens at the Surrogate's office in the county where your loved one lived. A will can't be admitted until at least 10 days after the death.
- Within 60 days of probate, the executor mails notice to beneficiaries and close family.
- Creditors generally have 9 months from the date of death to present claims.
- Before the house can transfer, New Jersey needs to know inheritance tax is handled. When every heir is Class A (see below), that's usually done with a self-filed affidavit (Form L-9) instead of a full tax return.
Until letters are granted, nobody can sell the house or sign for it. If there's a will, the named executor applies for letters testamentary; if not, a close relative applies for letters of administration. Some houses pass outside probate, such as a home owned jointly with a surviving spouse or held in a trust.
New Jersey inheritance tax
In New Jersey, the tax depends on how each heir was related to your loved one. Spouses, children, and grandchildren owe nothing.
| Who inherits | Rate |
|---|---|
| Class A: spouse or civil union partner, children, stepchildren, grandchildren, parents, grandparents | Exempt |
| Class C: brothers and sisters, sons- and daughters-in-law | First $25,000 exempt, then 11% to 16% |
| Class D: everyone else, including nieces, nephews, cousins, friends, unmarried partners | 15% up to $700,000, 16% above |
| Class E: qualified charities and certain institutions | Exempt |
Deadlines: the return and payment are due 8 months after the death. New Jersey has no early-payment discount. Unpaid tax accrues interest at 10% a year. A filing extension doesn't extend the time to pay.
Selling the house during probate
- Once letters are granted, the executor or administrator can usually sell the house before the estate is closed. Selling is often how the estate pays taxes and bills.
- The title company will need certified letters, a death certificate, and New Jersey's tax waiver or the L-9 affidavit before the house can transfer.
- Heirs don't all need to be at closing, but agreeing on the plan early prevents most delays.
- Many townships require resale inspections or certificates before any sale. When you sell to us, we handle them.
Want the full picture, including the first few weeks and when to call an attorney? Read the 9-month guide.
General information, reviewed for accuracy but not legal or tax advice. Rules change. Confirm anything time-sensitive with your county office, an attorney, or a CPA.