FAQ's
How to obtain a certified copy of a death certificate?
Certified copies of death certificates are available from Local Registrars for the municipality where the death occurred. Click here for listing of municipalities in Hudson County.
Who has the right to be appointed when an individual dies without a Will?
The next of kin of the decedent have the right to be appointed. This is determined by statute. The surviving spouse or domestic partner has the first right. Children of the decedent are next. However, any heir may be appointed assuming they obtain the appropriate renunciations from any other heir who has an equal or prior right to be appointed.
What happens if I can’t find the Original Will?
If the original will cannot be found, the appliciant will need to file in the Superior Court part to probate a copy of the will.
What is a Surety Bond and why do I need to get one?
A surety bond is an insurance policy that protects the beneficiaries and creditors of the estate. In some cases Administrators are required by law to obtain a surety bond based on amount to be inherited in order to be appointed. Executors may not be required to obtain a surety bond if the Will waives that requirement. The Costs of the bond are reimbursable by the estate and any other expenses associated with the probate process.
Do I need an attorney?
No, an attorney is not required to appear in the Surrogate Court with the applicant.
When is an estate considered closed?
An estate is considered closed upon the executor, administrator or appointed next-of-kin filing any of the following in the Surrogate’s Court:
1. Accounting (where formal court proceedings require filing an accounting)
2. Refunding Bond and Release forms from each beneficiary; and
3. Tax waiver from the State of New Jersey