The Estate Planning Guide Est. 2026

New Jersey Probate Fee Sheet (Printable)

By The Estate Planning Guide Editorial Team Researched against primary sources

Published August 15, 2026 5 min read

Quick answer

New Jersey does not set attorney fees by statute, and its county Surrogate-based probate is one of the simplest and cheapest in the country — probating a will costs about $100–$200 in Surrogate fees, and attorney fees for a routine estate typically run $3,000 to $6,000. The bigger cost most families overlook isn't probate at all; it's New Jersey's inheritance tax on gifts to non-lineal heirs like siblings, nieces, nephews, and friends.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New Jersey with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page New Jersey reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our New Jersey probate pages.

New Jersey probate fees

Item New Jersey
Court filing fee Probate of a will (up to 2 pages) is about $100 at the county Surrogate's Court, plus roughly $5 per extra page and small per-document charges for certificates and short-form letters. Total Surrogate costs for a simple estate are usually well under $200.
Attorney fees Not statutory. Attorneys charge hourly or a flat fee; a routine, uncontested estate commonly runs $3,000–$6,000. Fees must be reasonable and are subject to court review under New Jersey Court Rule 4:42-9.
Executor / personal representative fees New Jersey sets statutory EXECUTOR/administrator commissions even though attorney fees are not statutory. Under N.J.S.A. 3B:18-14, corpus commissions are 5% on the first $200,000, 3.5% on the excess up to $1,000,000, and 2% above $1,000,000. Under N.J.S.A. 3B:18-13, the fiduciary may also take a 6% income commission on income the estate receives. Family executors often waive the commission.
Fee basis percentage

Worked example

On a $500,000 New Jersey estate, the statutory corpus commission is about $20,500 (5% of the first $200,000 = $10,000, plus 3.5% of the next $300,000 = $10,500). If the estate also earned, say, $10,000 of income during administration, the executor could take another 6% of that ($600). The estate's attorney is paid reasonable fees separately.

New Jersey thresholds and deadlines

Item New Jersey
Small-estate threshold A surviving spouse, civil union partner, or domestic partner may collect the estate without administration when assets do not exceed $50,000 (N.J.S.A. 3B:10-3). For other heirs with no surviving spouse/partner, the limit is $20,000 (N.J.S.A. 3B:10-4).
Creditor claim period Creditors should present claims in writing within 9 months of death; after that period the personal representative is protected from personal liability for distributing without notice of the claim (N.J.S.A. 3B:22-4).
Typical duration Often 9 to 16 months. New Jersey's mandatory 9-month creditor window and the wait for state inheritance/estate tax waivers are the main reasons even simple estates rarely close sooner.
Simplified real-property transfer New Jersey has no simplified real-estate transfer procedure and does NOT authorize transfer-on-death deeds. Real property held solely by the decedent goes through probate unless it was titled jointly with right of survivorship or as tenancy by the entirety (spouses), or held in a trust.
Transfer-on-death deed New Jersey does NOT allow transfer-on-death (beneficiary) deeds for real estate. Legislation to adopt the Uniform Real Property Transfer on Death Act has been introduced but not enacted as of 2026. New Jersey families avoid probate on a home through tenancy by the entirety (spouses), joint tenancy with right of survivorship, or a revocable living trust. POD/TOD designations on bank and brokerage accounts are allowed.
Note on the creditor-claim clock. The period above does not start on the same event in every state — depending on the statute it can run from the date of death, from the date letters are issued to the personal representative, or from first publication of notice. The New Jersey trigger is stated in the row above, as written in the statute.

What passes outside New Jersey probate

These transfers are not part of the estate the fees above are calculated on:

  • Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
  • Joint ownership with right of survivorship.
  • Transfer-on-death deed — New Jersey does NOT allow transfer-on-death (beneficiary) deeds for real estate. Legislation to adopt the Uniform Real Property Transfer on Death Act has been introduced but not enacted as of 2026. New Jersey families avoid probate on a home through tenancy by the entirety (spouses), joint tenancy with right of survivorship, or a revocable living trust. POD/TOD designations on bank and brokerage accounts are allowed.
  • Assets titled into a funded living trust.

Sources for this sheet

Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the New Jersey court before relying on it.

The full New Jersey guides

Fee sheets for other states

California · Texas · Florida · New York · Pennsylvania · Illinois · Ohio · Georgia · North Carolina · Michigan · Connecticut · Arkansas · Indiana · Oklahoma · Oregon · Washington · Arizona · Colorado · Massachusetts · Maryland · Minnesota · Missouri · Alabama · Alaska · Delaware · Hawaii · Idaho · Iowa · Kansas · Kentucky · Louisiana · Maine · Mississippi · Montana · Nebraska · Nevada · New Hampshire · New Mexico · North Dakota · Rhode Island · South Carolina · South Dakota · Tennessee · Utah · Vermont · Virginia · West Virginia · Wisconsin · Wyoming

This sheet sets out New Jersey probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the New Jersey courts or a licensed New Jersey attorney.

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