New Jersey Probate Cost: Full Breakdown

Exactly what you pay to settle an estate in New Jersey — the statutory executor commission, attorney fees, surrogate fees, and the inheritance tax by class — with worked examples, statute cited.

N.J.S.A. 3B:18-14

Quick answer: New Jersey has a statutory executor commission (5% of the first $200,000, declining), a separate attorney fee, and a modest surrogate fee. The big variable is the inheritance tax: $0 to a spouse or child, but 11–16% to a sibling and 15–16% to a friend. On a $500,000 estate to children, expect ~$20,500 commission + attorney fee + ~$150 surrogate. Get your own figure with the New Jersey probate cost calculator.

The executor commission — set by statute

Under N.J.S.A. 3B:18-14, the corpus commission is fixed:

Portion of corpusRate
First $200,0005%
$200,000 – $1,000,0003.5%
Above $1,000,0002%
Worked example ($500,000): 5% × $200k = $10,000; 3.5% × $300k = $10,500 → $20,500. Plus a 6% annual income commission (3B:18-13) and 1% per additional executor. A court can only reduce it for materially deficient work.

The New Jersey inheritance tax — the defining cost

By class: Class A (spouse, children, grandchildren, parents) & Class E (charities) exempt. Class C (siblings, in-laws): first $25,000 exempt, then 11% to $1.1M, 13% to $1.4M, 14% to $1.7M, 16% above. Class D (nieces, nephews, friends): no exemption, 15% to $700,000, 16% above.
$500,000 to…Inheritance tax
Spouse / child (Class A)$0
Sibling (Class C)$52,250
Niece / friend (Class D)$75,000
Charity (Class E)$0

This is usually the largest single cost for a non-exempt beneficiary. New Jersey repealed its estate tax on January 1, 2018, so only the inheritance tax remains.

Worked total examples ($500,000 estate)

HeirCommissionAttorneySurrogate + miscInheritance taxApprox. total
Child (Class A)$20,500$6,000$325$0≈ $26,825
Sibling (Class C)$20,500$6,000$325$52,250≈ $79,075
Friend (Class D)$20,500$6,000$325$75,000≈ $101,825

Surrogate + misc = filing fee ($175) + copies ($150). If the executor waives the commission, subtract that column. Run your own numbers in the calculator.

How to reduce New Jersey probate costs

  • Executor waives the commission if a family member and beneficiary (it's taxable income).
  • Leave assets to Class A or a charity (0% inheritance tax) where the plan allows.
  • Name beneficiaries directly on life insurance and retirement accounts — those bypass the commission (though the inheritance tax can still apply).
  • Use the small estate affidavit ($50,000 spouse / $20,000 heir).
Facing probate in New Jersey?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New Jersey attorney

Estimate for general guidance only, not legal or tax advice. Executor commission set by N.J.S.A. 3B:18-14 (5% / 3.5% / 2% of corpus + 6% income). Attorney fees reasonable under RPC 1.5(a). NJ inheritance tax by class (A/E exempt; C 11–16% after $25k; D 15–16% no exemption) per the NJ Division of Taxation. NJ repealed its estate tax January 1, 2018. Verify with the county Surrogate, the NJ Division of Taxation, or a licensed New Jersey attorney.