How Do You Get Letters Testamentary or a Short Certificate in Monmouth or Ocean County?

Letters Testamentary are the county Surrogate's appointment of the executor named in a will (Letters of Administration when there's no will), and short certificates are the proof of that authority you hand to the bank, the mortgage company and, eventually, the closing table. In Monmouth County you get them from the Surrogate at the Hall of Records in Freehold. In Ocean County, it's the Surrogate's office on Washington Street in Toms River.

I'm Dennis Mark Interdonato with The Dennis Mark Group. I don't file anything with the Surrogate, the executor and the estate's attorney do, but nothing happens with an estate house until these papers exist. Here's what each county asks for and how the papers get used in a sale.

What's the difference between Letters Testamentary and a short certificate?

Both come from the Surrogate when the appointment is made. The Monmouth County Surrogate says that once a will is accepted, the Surrogate appoints the executor and issues Letters Testamentary and short certificates, which give the appointed person authority to administer the estate. Its FAQs describe the short certificate as "evidence of the personal representative's authority to transfer or sell any asset solely in the decedent's name."

In practice, the short certificate is the copy that travels. Banks, the mortgage servicer and other institutions each want one.

What do you bring to the Surrogate?

When there's a will, the Monmouth County Surrogate asks for:

• The original will and any codicils
• An original death certificate with a raised seal
• Names and addresses of the bloodline next of kin
• Government-issued photo ID

It has to be the original will. The Monmouth Surrogate's guide says only the original signed will can be probated without a Superior Court order, and the Ocean County Surrogate's planning guide warns that markings, cross-outs or handwritten changes on the will leave the Surrogate unable to act, which forces probate in the Superior Court. A self-proving will needs no further proof. If the will isn't self-proving, the Ocean guide says proof from one of the witnesses is needed.

With no will, Monmouth asks for the death certificate, the next of kin, a list of the value of everything in the person's name alone with a current tax bill for any real estate, and photo ID. The administrator may also need a bond. I cover that in what happens to a house when there's no will.

How does the Monmouth County Surrogate work?

• Where: the Hall of Records, One East Main Street, Freehold.
• When: walk-in visits Monday to Friday, 8:30 a.m. to 4:00 p.m., with no appointments in Freehold. The office asks you to arrive by 3:30 p.m.
• Satellite offices: Neptune and Shrewsbury, by appointment only.
• Other ways to file: the online eFile portal or by mail. A probate clerk reviews the estate and may ask for more information.
• Payment: checks, credit cards and money orders. Cash isn't accepted.
• Timing: the will can be submitted any time after the death, but Letters Testamentary and short certificates can't issue until the eleventh day after death.

How does the Ocean County Surrogate work?

From the Ocean County Surrogate's page:

• Where: the main office at 118 Washington Street, Toms River, open to the public with no appointment needed, Monday to Friday, 8:00 a.m. to 4:30 p.m. The Southern Service Center in Manahawkin is open every Friday by appointment.
• Payment: cash, check or money order. Credit and debit cards aren't accepted.
• Timing: certificates issue on the 11th day after death with a will and on the 6th day with no will. An executor or administrator can come in earlier to start the process.
• Forms: the page links an Estate Information Sheet and a Surrogate Certificate Request Form, along with the planning guide.

How many short certificates do you need?

One for each asset in the person's name alone, according to the Monmouth Surrogate. Count the bank accounts, the house, the car and anything else titled only to them. Extra certificates in Monmouth County are $5 each, by visiting the office or by written request with a check and a self-addressed stamped envelope.

Watch the dates. The Monmouth FAQs say a short certificate is typically valid for up to a year, but some financial institutions will only accept one dated within 60 days. If the house sale stretches out, the estate may need a fresh one for the closing.

How are these papers used when the house sells?

1. The listing. The executor or administrator signs for the estate.
2. The mortgage. The servicer needs proof of who has authority. See what happens to the mortgage when you inherit a house.
3. The tax waiver. Form L-9 asks for a copy of the executor's or administrator's certificate, along with the will, the deed and the death certificate.
4. The closing. The estate's attorney confirms the authority is current on the day the deed is signed.

What are the common mistakes at the Surrogate?

• Bringing a copy of the will. It has to be the original.
• Ordering too few certificates. Each institution wants its own.
• Using a certificate that's gone stale. Some institutions want one dated within 60 days.
• Bringing the wrong payment. Monmouth takes no cash, and Ocean takes no cards.

Frequently Asked Questions

How soon can I get Letters Testamentary in Monmouth or Ocean County?

Not before the eleventh day after death with a will. You can start the paperwork earlier. In Ocean County, administration certificates can issue from the 6th day when there's no will.

Do I need an appointment?

Not at the main offices. Monmouth's Freehold office takes walk-ins only, and Ocean's Toms River office needs no appointment to start. Monmouth's satellite offices and Ocean's Manahawkin office are by appointment.

Is a short certificate the same as Letters Testamentary?

Both come from the Surrogate. The short certificate is the evidence of authority you give to each institution.

What if the named executor doesn't want to serve?

The Monmouth Surrogate has a Renunciation of Executor form for that, and the estate's attorney will advise who serves instead.

This is general information, not legal, tax or lending advice. Office hours, fees and procedures can change, so check with the Surrogate's office before you go.

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 long does probate take in New Jersey?
• Have a question this didn't answer? Send it to Dennis Mark.