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Probate Difficulty and Cost

On behalf of David Whitlock at Whitlock Canter LLC

Probate in the State of New Jersey is relatively easy and inexpensive when compared to probate in most states. The filing fees are generally less than $250 and are not based on a percentage of the value of estate assets.

The Surrogate’s Office in the County in which a person dies handles the paperwork to begin the probate process. The Surrogate collects certain basic information from the Executor of the Estate and within a week or two issues a document called “Letters Testamentary”—which is the written authority for the Executor to administer the Estate.

The Executor is required to give written notice of the probate of the Will to all beneficiaries named in the Will and to all persons who would inherit if there was no Will and file a Proof of Mailing with the County Surrogate.

Once the Will is probated in the County Surrogate’s Office, letters testamentary issued and Notice of Probate filed, the County Surrogate’s Office is no longer actively involved in the administration of the Estate.

Probate in New York State is a bit more cumbersome than in New Jersey. Jonathan Canter, Esq. and Eric Calantone, Esq. are members of the New York bar, and have experience in probate in several counties in New York State. Whitlock Canter LLC is prepared to assist Clients in navigating the procedures in New York County Surrogate’s Offices.