New Jersey Probate Cost Calculator & Fees

Q: How long does probate take in New Jersey?

Most uncontested New Jersey estates take 9 to 12 months, set by the 9-month creditor claim period. Estates with inheritance-tax filings or disputes run 12 to 18 months.

How probate costs work in New Jersey

Probate in New Jersey runs through the Surrogate's Court in the county where the person lived — Bergen, Essex, Middlesex, Monmouth, Ocean, Hudson and the state's 21 counties. New Jersey is unusual on two counts: it sets the executor commission by statute (not a "reasonable" standard), and it is one of the few states that still charges an inheritance tax — based entirely on who inherits.

1. Executor commission — set by statute

N.J.S.A. 3B:18-14: the corpus commission is 5% of the first $200,000, 3.5% on the excess to $1 million, and 2% above $1 million, plus 1% for each additional executor. There is also a 6% annual income commission (3B:18-13). On a $500,000 estate the corpus commission is $20,500.

The commission applies to the "corpus" — assets that pass through the executor's hands. Assets with a named beneficiary (life insurance, retirement accounts) or held jointly generally bypass it. Executors often waive the commission when they're also a primary beneficiary, since it's taxable income while an inheritance is not.

2. Attorney fees — no statutory schedule

Unlike the commission, New Jersey does not set attorney fees by statute. They must be reasonable under the RPC 1.5(a) factors, supported by an affidavit of services when paid from the estate (Court Rule 4:42-9). A simple estate often runs a few thousand dollars; complex estates more.

3. The New Jersey inheritance tax — the big variable

NJ inheritance tax (by class): Class A (spouse, children, grandchildren, parents) and Class E (charities) are exempt. Class C (siblings, sons/daughters-in-law): first $25,000 exempt, then 11% to $1.1M, 13% to $1.4M, 14% to $1.7M, 16% above. Class D (nieces, nephews, friends, others): no exemption, 15% on the first $700,000 and 16% above.

This is usually the largest single cost when a non-exempt beneficiary inherits, and it depends entirely on the relationship. New Jersey repealed its separate estate tax on January 1, 2018, so only this inheritance tax remains.

4. Surrogate & other costs

Surrogate filing fee (22A:2-30) — typically $100–$200, plus per-page and certified-copy charges.
Bond — administrators are generally required to post one; testamentary executors are usually exempt (3B:15-1).
Accountings — informal estates usually need no formal court accounting unless a beneficiary or creditor objects.

5. When probate can be simplified in New Jersey

Small estate affidavit — a surviving spouse or partner up to $50,000 (3B:10-3); other heirs up to $20,000 (3B:10-4).
Living trust, joint tenancy, POD/TOD — bypass probate (but note the inheritance tax can still apply to non-exempt beneficiaries).

Cost component	New Jersey figure	Source
Executor commission	5% / 3.5% / 2% of corpus + 6% income	3B:18-14
Attorney fee	Reasonable (no statute); RPC 1.5(a)	R. 4:42-9
Inheritance tax	Class A/E exempt; C 11–16%; D 15–16%	NJ Div. of Taxation
Surrogate filing fee	$100–$200	22A:2-30
Small estate limit	$50,000 spouse / $20,000 heir	3B:10-3
State estate tax	None (repealed 2018)	NJ Div. of Taxation

New Jersey probate cost — frequently asked questions

How much does probate cost in Bergen / Essex / Middlesex County?

The commission schedule and inheritance tax are statewide; only the county Surrogate differs. In Bergen, Essex, Middlesex, Monmouth or Ocean, a $500,000 estate left to children has about a $20,500 executor commission (Class A, so no inheritance tax), a separate attorney fee, and a ~$150 surrogate fee. Left to a sibling or friend, the inheritance tax becomes the biggest cost.

How does the NJ inheritance tax work?

It's charged to the beneficiary by class: Class A (spouse, children, parents) and Class E (charities) pay nothing; Class C (siblings, in-laws) get a $25,000 exemption then 11–16%; Class D (nieces, nephews, friends) get no exemption and pay 15–16%. So $100,000 to a sibling costs $8,250, but to a child costs $0. New Jersey repealed its estate tax in 2018, so only this remains.

Is the executor commission a fixed amount in New Jersey?

Effectively yes — N.J.S.A. 3B:18-14 sets it: 5% of the first $200,000, 3.5% to $1 million, 2% above, plus 6% of income. A court can only reduce it if a beneficiary shows the executor's work was materially deficient. This differs from "reasonable fee" states where the court sets the amount.

What is the small estate limit in New Jersey?

A surviving spouse or civil-union/domestic partner can use the affidavit procedure up to $50,000 (N.J.S.A. 3B:10-3); other heirs up to $20,000 (3B:10-4). Both skip full administration.

How long does probate take in New Jersey?

Most uncontested New Jersey estates take 9–12 months, set by the 9-month creditor claim period. Estates with inheritance-tax filings or disputes run 12–18 months.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. New Jersey sets the executor commission by statute (N.J.S.A. 3B:18-14: 5% / 3.5% / 2% of corpus, plus 6% of income); attorney fees are separate and reasonable under RPC 1.5(a). The NJ inheritance tax depends on the beneficiary's class (A/E exempt; C 11–16% after $25,000; D 15–16% with no exemption), set by the NJ Division of Taxation. New Jersey repealed its estate tax on January 1, 2018. Confirm current figures with the county Surrogate, the NJ Division of Taxation, or a licensed New Jersey attorney before acting.