How Long Does Probate Take in New Jersey?

Probate in New Jersey has a fast first step and a longer tail: with a will, the county Surrogate can appoint the executor as soon as the 11th day after death, but settling the whole estate usually takes many months. Creditors generally have nine months to present claims, inheritance tax is due within eight months, and a tax return can take months more to process. There's no single statewide timeline, and the estate's attorney is the person to estimate yours.

I'm Dennis Mark Interdonato with The Dennis Mark Group. I don't handle the legal side of an estate, but the house moves faster when the family knows which dates are fixed and which ones aren't.

What are the fixed dates in a New Jersey probate?

A handful of dates come straight from the statutes and the state's own guidance:

• Day 10: under N.J.S.A. 3B:3-22, no will can be admitted to probate until after 10 days from the death. The papers can be filed before that.
• Day 6 or day 11: the Ocean County Surrogate issues certificates on the 6th day after death when there's no will and on the 11th day when there is one. The Monmouth County Surrogate can't issue Letters Testamentary or short certificates until the eleventh day.
• Within 60 days of probate: the Ocean County Surrogate's planning guide says the personal representative has sixty days to notify the heirs, next of kin and beneficiaries that the application was made.
• Eight months: the NJ Division of Taxation says any inheritance tax must be paid within eight months after the date of death, or a 10% annual interest charge applies.
• Nine months: under N.J.S.A. 3B:22-4, creditors present their claims to the personal representative within nine months of the death.

Why does the rest of probate take so long?

Because the executor's job list is long. The Ocean County Surrogate's guide lists it: locate and inventory the assets, pay the debts, file the inheritance and income tax returns, prepare the paperwork to transfer real and personal property, pay the fees, keep an estate checking account, and distribute the estate with refunding bonds and releases, the documents that show each beneficiary received their share.

The nine-month claim period matters here. The statute says that if a creditor doesn't present a claim within nine months, the personal representative isn't liable to that creditor for assets already properly paid out before the claim arrived. That's one reason many estates are careful about final distributions until the nine months pass. The attorney will tell you what fits yours.

Taxes can add months too. The Division of Taxation tells executors to plan for processing a return to take at least several months, longer if it's audited, and says about 40 to 50% of returns get additional attention in the form of an audit.

What slows a New Jersey probate down?

• No original will. The Monmouth County Surrogate's guide says only the original signed will can be probated without a Superior Court order.
• A dispute. If a caveat is filed or a dispute comes up, the Monmouth Surrogate says the estate must be admitted through the Superior Court.
• No will. The Ocean County guide explains that an administrator generally posts a bond for the full value of the estate and files renunciations from anyone with an equal or prior right to serve.
• Beneficiaries outside Class A. If a sibling, niece, nephew or friend inherits, the Division says a full inheritance tax return is needed, which means longer processing before the waivers issue.

Where does the house fit in the timeline?

Right in the middle, and it doesn't have to wait for the end. Once the executor or administrator is appointed, N.J.S.A. 3B:14-23 includes the power to sell estate real property, unless the will, the appointment or a court order limits it. The same statute covers paying taxes and mortgage interest on the property, keeping it insured and making repairs to make it saleable.

The waiver is often what sets the closing date. When every beneficiary is Class A and no tax or return is due, the request goes in on Form L-9. Otherwise it follows the full return. That's why I like to know early which route the estate is on, so the buyer's closing date is realistic from day one. More on that in the NJ inheritance tax waiver article.

What does waiting cost the estate?

Every month the house sits, the estate pays to carry it: the mortgage, property taxes, insurance, utilities and upkeep. An empty house also needs someone checking on it. Getting the house ready while the paperwork moves is the best way to keep those months to a minimum. See how to protect a vacant inherited house.

Frequently Asked Questions

How long does probate take in NJ with a will?

The appointment can come as soon as the 11th day after death. Settling the estate usually runs many months, shaped by the eight-month tax due date, the nine-month creditor period and tax processing.

How long does probate take in NJ without a will?

In Ocean County, administration certificates can issue from the 6th day after death. The administrator may need renunciations and a bond first, and the rest of the estate follows the same tax and creditor dates.

How long does an executor have to sell the house?

The Surrogate and Division of Taxation guidance doesn't set one deadline for selling the house. The practical clock is the carrying cost of the house and the estate's other dates, and the attorney is the one to advise on timing.

How much does probate cost in New Jersey?

Surrogate fees are set by state law and listed on each county's fee schedule. The Ocean County guide calls probate "a relatively inexpensive process." Attorney and other fees are separate.

This is general information, not legal, tax or lending advice. Ask the estate's attorney to estimate your timeline.

About the author

Dennis Mark Interdonato is a REALTOR® and Master CDRE® who leads The Dennis Mark Group at Keller Williams Realty Ocean Living in Point Pleasant, NJ, helping buyers and sellers throughout New Jersey make their next move, with Monmouth and Ocean County as home base. See how I handle estate and probate home sales.

Keep reading

• The free Estate & Probate Guide
• Find out what the house is worth
• Can you sell a house before probate is finished?
• How to sell an inherited house in New Jersey
• Have a question this didn't answer? Send it to Dennis Mark.