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Calculator Updated: April 2026

New Jersey Probate Fee Estimator

Estimate mandatory executor commissions and attorney fees based on New Jersey probate code.

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*This guide is for educational purposes only and does not constitute legal advice.

Probate in New Jersey is handled by the Surrogate's Court in the county where the decedent lived. It is known for being remarkably efficient and inexpensive compared to states like New York or Florida. Executors in NJ are entitled to statutory commissions based on the size of the estate ('Corpus') and the income it generates.

The 'Income' Commission Bonus

Most calculators miss this: In addition to the fee on assets (Corpus), NJ executors are entitled to a 6% commission on all income earned by the estate (interest, dividends, rent) during the probate process. Our tool calculates the base Corpus fee.

The 5-3.5-2 Formula (N.J.S.A. 3B:18-14)

New Jersey statutes provide a clear sliding scale for Executor Corpus Commissions. It rewards the management of the first $1 million most heavily.

  • 5% on the first $200,000 of estate value.
  • 3.5% on the excess up to $1,000,000.
  • 2% on any amount over $1,000,000.

Can You Skip Court? (The Affidavits)

New Jersey offers two distinct 'Small Estate' paths depending on your relationship to the deceased. This is unique to NJ.

  • Surviving Spouse Affidavit: For estates up to $50,000.
  • Next of Kin Affidavit: For estates up to $20,000 (if there is no spouse).

Learn exactly how to file these in our guide to New Jersey Small Estate Affidavits.

Timeline & Steps

While 'Simple Probate' in NJ can be done in 10 days, full administration typically takes 9 to 12 months to clear tax hurdles.

1. The 10-Day Wait

You cannot file for probate until 10 days after the death. Use this time to locate the Will and list assets.

2. Visit the Surrogate

Bring the original Will and Death Certificate to the County Surrogate. They issue 'Letters Testamentary'.

3. Notice of Probate

Within 60 days, you must notify all beneficiaries and next of kin that the Will has been probated.

4. Tax Waivers & Closing

You may need an 'Inheritance Tax Waiver' from the NJ Division of Taxation to release bank funds before closing.

Don't Let Probate Eat Your Inheritance

A Living Trust can bypass this entire process.

See How to Avoid It →

Frequently Asked Questions

Does New Jersey have an Inheritance Tax?
Yes, but it depends on the relationship. 'Class A' beneficiaries (Spouse, Children, Grandchildren) pay 0%. 'Class C' (Siblings) pay 11-16%. 'Class D' (Nieces, Nephews, Friends) pay 15-16%.
Is the executor fee mandatory?
No. The commission is the *maximum* allowed. Executors (especially family members) often waive the fee to preserve more assets for the family, as commissions are taxable income.
What is a 'Short Certificate'?
It is a sealed document from the Surrogate's Court proving you are the Executor. You will need one for every bank, broker, or DMV you visit. They cost about $5 each.
Does Real Estate count for commissions?
Generally, yes. Executors usually take a commission on the gross value of real estate, unless the property is not sold and the specific county has local rules limiting it. Always check with a local attorney.
Probate Disclaimer: This calculator provides statutory estimates for informational and educational purposes only. FinanceSmartUSA is not a law firm. Actual probate fees are determined by the court and may vary based on case complexity.