New Jersey Probate Real Estate Sale Calculator

Selling a New Jersey probate house

Enter the estate's corpus value to see the statutory commission.

Was the house specifically left to one named beneficiary?

Estate corpus value (or sale price)

Heir class for the inheritance tax waiver

Include a 5% realtor commission?

Estimated cost of this New Jersey probate sale

Do I need court approval? →

Facing probate in New Jersey?

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

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Broad statutory power to sell, no court order needed

What makes New Jersey different: N.J.S.A. 3B:14-23 grants the executor the power to "sell, mortgage or otherwise encumber any real or personal property" of the estate, once the Surrogate's Court issues the Short Certificate — New Jersey's own term for Letters Testamentary. No separate court order is required by statute, one of the most hands-off sale authorities of any state.

The real bottleneck is the tax waiver, not the court

Most title companies won't insure the transfer without an inheritance tax waiver from the Division of Taxation. Class A heirs — spouse, children, parents, grandparents — get a self-executing Form L-9 in days. Class C or D heirs — siblings, more distant relatives, unrelated beneficiaries — need a full IT-R return processed, typically taking 4 to 6 weeks.

A statutory commission, not just a guideline

Unlike several neighboring states, New Jersey sets an actual statutory schedule under N.J.S.A. 3B:18-14: 5% on the first $200,000 of corpus, 3.5% on the next $800,000, and 2% above $1 million, plus 6% of estate income annually. But commission applies to real estate only if the executor actually sells it, or the will expressly directs the sale.

Up to 10.75% state tax on the gain

New Jersey taxes capital gains as ordinary income under some of the highest brackets in the country. See Capital Gains Tax on the Sale for the full picture.

New Jersey probate real estate sale — frequently asked questions

Does a New Jersey executor need court approval to sell the house?

No — N.J.S.A. 3B:14-23 grants the executor broad statutory power to sell, mortgage, or otherwise encumber estate real property once the Surrogate's Court issues the Short Certificate. No separate court order is required by statute.

What actually holds up closing on a New Jersey probate sale?

Usually the inheritance tax waiver, not the court. Class A heirs (spouse, children, parents) get a self-executing Form L-9 in days. Class C or D heirs (siblings, others) need a full IT-R return processed, typically 4 to 6 weeks.

How much does a New Jersey executor get paid for selling the house?

New Jersey has an actual statutory schedule under N.J.S.A. 3B:18-14: 5% on the first $200,000 of corpus, 3.5% on the next $800,000, and 2% above $1 million, plus 6% of estate income annually.

Is commission allowed on real estate the estate never sells?

No — commissions apply only to real estate that is actually sold by the executor, or that the will expressly directs to be sold. Real estate simply passed to heirs generates no commission on its value.

What is New Jersey's state tax rate on the sale's gain?

Up to 10.75%, the fourth-highest top marginal income tax rate in the country, with capital gains taxed exactly like ordinary income and no long-term discount.

Same statute, every Surrogate's Court

Bergen, Essex, and Middlesex County each run their own Surrogate's Court, but N.J.S.A. 3B:14-23's sale authority and the §3B:18-14 commission schedule apply identically statewide — only the inheritance tax waiver's processing time varies, by heir class rather than by county.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on N.J.S.A. 3B:14-23, 3B:18-14, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the county Surrogate's Court or a licensed New Jersey attorney before acting.