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Atlantic County, NJ Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Atlantic County Surrogate's Court (uncontested probate and administration) |
| Current Surrogate | James Curcio, an elected constitutional officer |
| Main office | 5911 Main Street, Mays Landing, NJ 08330 |
| Atlantic City office | 1201 Bacharach Boulevard, Atlantic City, NJ 08401, (609) 343-2341 |
| Mailing address | Atlantic County Surrogate's Court, 5911 Main Street, Mays Landing, NJ 08330 |
| Phone | (609) 645-5800 |
| Fax | (609) 645-5805 (Mays Landing); (609) 343-2197 (Atlantic City) |
| Hours | Monday to Friday, 8:30 a.m. to 4:00 p.m.; closed weekends and county holidays. Call ahead to confirm, as the office keeps two locations |
| Filing fee | $100 to probate a will of two pages or less, plus $5 per additional page; $125 base for intestate administration (N.J.S.A. 22A:2-30) |
| Local forms | Yes. The Surrogate publishes its own probate, administration, and affidavit intake materials; New Jersey has no statewide probate form set |
| Appointment | Not required to probate a will, and no attorney is required; the office encourages appointments |
| E-filing | Not available for Surrogate probate. Intake is in person (JEDS handles Superior Court matters, not estate cases) |
| Case search | No public online Surrogate case portal; record copies are obtained in person or through a New Jersey Judiciary records request |
| Remote appearance | Not applicable at the Surrogate (administrative counter intake); contested Chancery matters follow Superior Court practice |
| Contested matters | Superior Court, Chancery Division, Probate Part, Atlantic/Cape May Vicinage |
| Website | https://www.atlanticcountynj.gov/government/county-government/surrogate-s-office |
Before you begin — know the assets and liabilities
The most common Atlantic County probate mistake is qualifying at the counter before the family understands the inheritance-tax exposure. New Jersey taxes transfers by the beneficiary's relationship class, not the size of the estate, and a financial institution may release up to 50% of a bank balance to the survivor or estate representative without the Director's consent, with the rest waiting for a waiver (N.J.A.C. 18:26-11.16). Executors who arrive prepared only for the Surrogate fee schedule are often unprepared for the waiver workflow that follows, which holds up the release of accounts and the transfer of real estate.
Before your visit, identify every bank account, brokerage and retirement account, life insurance policy, business interest, and parcel of Atlantic County real estate, along with every debt, and identify each beneficiary by name and inheritance-tax class. Only then can you anticipate the waiver steps, calculate the right Surrogate fees, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Atlantic County Surrogate's Court serves the entire county, including Atlantic City, Mays Landing and the rest of Hamilton Township, Egg Harbor Township, Galloway, Hammonton, Pleasantville, Absecon, Ventnor City, Margate City, Brigantine, Somers Point, Northfield, Linwood, and the county's remaining municipalities. The main office is at 5911 Main Street in Mays Landing, and the county also keeps a second office at 1201 Bacharach Boulevard in Atlantic City. Venue lies in the county where the decedent was domiciled at death (R. 4:80-1(c)); if the decedent lived outside New Jersey but owned Atlantic County real estate, the estate proceeds here by ancillary administration.
Contested matters do not stay with the Surrogate. A caveat filed at the Surrogate's office, a will contest, a demand for a formal accounting, or removal of a fiduciary routes the matter to the Superior Court of New Jersey, Chancery Division, Probate Part, in the Atlantic/Cape May Vicinage. The Surrogate is an elected constitutional officer (N.J.S.A. 2B:14-1) who serves as both Judge and Clerk of the Surrogate's Court and, per the New Jersey Judiciary, as Deputy Clerk of the Superior Court, Chancery Division, Probate Part, and is the procedural gateway to Chancery for those filings.
The jurisdiction process
- Wait the statutory 10 days: no will may be admitted to probate until the 11th day after death (N.J.S.A. 3B:3-22). You may prepare papers and offer the will for probate sooner, but the will is not admitted before then.
- Gather what the Surrogate requires: the original will (copies are not accepted for probate without a court order), a certified copy of the death certificate, the executor's government-issued photo ID, and the names and addresses of all next of kin and will beneficiaries.
- Go in person to the Atlantic County Surrogate at 5911 Main Street, Mays Landing, or the Atlantic City office at 1201 Bacharach Boulevard. No appointment or attorney is required to probate a will, though the office encourages appointments; there is no e-filing, so uncontested matters are processed at the counter. Call ahead to confirm which office to use.
- Complete the Surrogate's intake materials for your path (probate of a will, general or ancillary administration, administration with the will annexed, or an affidavit in lieu of administration) and, for a will that is not self-proving, arrange witness proofs before the will can be admitted.
- Take the oath and qualify at the counter. If you are serving as administrator of an intestate estate, post the required surety bond first (N.J.S.A. 3B:15-1); appointment is not granted until the bond is in place, unless the will waives bond or a statutory exception applies.
- Pay the fees (N.J.S.A. 22A:2-30: $100 to probate a will of two pages or less, or $125 base for administration) and order short certificates at $5 each. The Surrogate issues letters testamentary or letters of administration, evidenced by short certificates, and retains the original will.
- Mail the Notice of Probate to all beneficiaries and heirs within 60 days of probate and file the Proof of Mailing with the Surrogate within 10 days of mailing (R. 4:80-6). If a charity is a beneficiary, mail like notice and a copy of the will to the New Jersey Attorney General.
- Administer and close the estate: creditors have 9 months from the date of death to present claims (N.J.S.A. 3B:22-4); obtain inheritance-tax waivers (L-8, L-9, or O-1) to release frozen accounts and Atlantic County real estate; and collect a Refunding Bond and Release from each beneficiary before closing (N.J.S.A. 3B:23-24).
Forms and documents
Probate forms in Atlantic County
New Jersey has no statewide probate form set. Each county Surrogate publishes its own intake materials, and Atlantic County posts them as pages on the county website: Probate of Will, Letters of Administration and Affidavits, the Duties of Executor/Administrator, Notice of Probate/Proof of Mailing Instructions, Refunding Bond and Release Instructions, and a Surrogate Fees schedule. There is no separate county cover sheet beyond the application packet. Qualifying at the Atlantic Surrogate requires the original will, a certified death certificate, the executor's photo ID, the names and addresses of the next of kin and beneficiaries, the fee, and the oath taken at the counter; no appointment or attorney is required to probate a will, and short certificates are issued at qualifying. The principal Atlantic intake paths:
| Path or document | What it does |
|---|---|
| Probate of a will | Opens probate when the decedent left a will; the named executor qualifies and takes letters testamentary. A will that is not self-proving requires witness proof before it is admitted. |
| Letters of administration | Opens intestate administration when there is no will; the next of kin qualifies as administrator after posting a surety bond (N.J.S.A. 3B:15-1). |
| Administration with the will annexed | For a will where no named executor can serve, or where a successor must be appointed to complete administration. |
| Affidavit of surviving spouse in lieu of administration | Intestate small-estate path for a surviving spouse or partner (N.J.S.A. 3B:10-3); see the New Jersey state page for the statewide thresholds. |
| Affidavit of next of kin in lieu of administration | Intestate small-estate path where there is no surviving spouse and the other heirs consent (N.J.S.A. 3B:10-4); see the New Jersey state page for the statewide thresholds. |
| Ancillary / non-resident administration | For a decedent who lived outside New Jersey but owned Atlantic County property, and for out-of-state executors. |
| Notice of Probate and Proof of Mailing | R. 4:80-6 requirement: mail notice within 60 days of probate and file the Proof of Mailing within 10 days of mailing. |
| Refunding Bond and Release | Signed by each beneficiary on distribution and filed with the Surrogate before the estate closes (N.J.S.A. 3B:23-24). |
| Caveat / withdraw caveat | A caveat blocks probate at the Surrogate and routes the matter to Chancery; withdrawing it releases the matter back. |
Fees
The Atlantic Surrogate publishes its fee schedule under the statewide ceilings of N.J.S.A. 22A:2-30. Beyond the base probate and administration fees, the county posts these service fees on its Surrogate Fees page (verified July 2026):
| Item | Amount |
|---|---|
| Probate of a will (two pages or less) | $100 |
| Each additional will page | $5 |
| Probate of each codicil (one page); each additional codicil page | $25; $5 |
| Letters of administration (intestate), base | $125 |
| Additional forms filed with administration, per page | $5 |
| Administration ad prosequendum | $50 |
| Affidavit of surviving spouse or next of kin in lieu of administration | $50 (unless the assets are under $1,000) |
| Certified copy of a will (two pages or less); each additional page | $50; $5 |
| Exemplified copy of a will (two pages or less); each additional page | $84; $5 |
| Plain copies, per page | $3 |
| Short certificate | $5 each |
| Search fee, per estate | $10 |
| Filing the Notice of Probate and Proof of Mailing, per page | $5 |
| Refunding Bond and Release (two pages or less); each additional page | $10; $5 |
| Caveat, filing or withdrawing | $25 |
| Renunciation, per page | $5 |
Local nuance
Atlantic County-specific considerations
Two Surrogate offices. Atlantic County keeps its main Surrogate's office at 5911 Main Street in Mays Landing and a second office at 1201 Bacharach Boulevard in Atlantic City, (609) 343-2341. Call ahead to confirm which location can handle your matter before you travel.
No appointment or attorney required to probate a will. The Atlantic Surrogate does not require an appointment to probate a will and does not require you to be represented by an attorney, though the office encourages appointments. Uncontested matters are processed at the counter, and the will cannot be admitted before the 11th day after death (N.J.S.A. 3B:3-22).
Banks may release up to half before a waiver clears. A New Jersey financial institution may release up to 50% of a bank account or CD to the survivor or estate representative without the Director's consent (N.J.A.C. 18:26-11.16). The rest waits for a waiver: an L-8 self-executing waiver goes straight to the institution for Class A beneficiaries, while an O-1 waiver from the Division of Taxation is needed when L-8 does not apply. This is the most common practical bottleneck in Atlantic County estates.
Atlantic County real estate needs a recorded tax waiver. Before Atlantic City, Mays Landing, or other Atlantic County real estate can be conveyed, a Class A L-9 waiver (or an O-1 for other classes) must be recorded with the Atlantic County Clerk. The Surrogate does not issue tax waivers; they come from the New Jersey Division of Taxation.
Intake is in person, not online. There is no e-filing for Atlantic Surrogate probate, and New Jersey's JEDS system does not handle estate cases. There is no public online Surrogate case lookup. Record copies come from the office in person or through a New Jersey Judiciary records request.
Spanish-language assistance is available. The Atlantic County Surrogate's office offers Spanish-language service for families who need it.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Atlantic County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | An Atlantic City, Egg Harbor Township, or Galloway home held by the couple as tenants by the entirety (the New Jersey default for married couples) passes to the survivor automatically, with no probate. Bank and brokerage accounts in the decedent's sole name still need a Class A L-8 waiver to release the frozen balance. | Asset discovery to confirm what was held jointly versus solely. Packet generation for the L-8 and L-9 waivers. Guidance on clearing title and recording with the Atlantic County Clerk. |
| Out-of-state adult child, small estate | If the parent died intestate and the estate is small enough for New Jersey's affidavit-in-lieu path (statewide thresholds apply; see the New Jersey state page), the child, with the other heirs' written consent, files the affidavit of next of kin in lieu of administration (N.J.S.A. 3B:10-4) at the Atlantic Surrogate. If the parent left a will, even a small estate must go through full probate; the office publishes non-resident and renunciation materials, so out-of-state executors should call (609) 645-5800 to confirm which steps can be handled by mail and which office to use. | Asset discovery to confirm intestacy and that the estate fits the caps. Packet generation for the affidavit in lieu. Coordination with a local Atlantic County attorney when a trip cannot be avoided. |
| Parent settling a predeceased child's estate, home must be sold | Full intestate administration at the Atlantic Surrogate, $125 base fee. The parent qualifies as administrator, posts a surety bond (there is no surviving spouse to take the whole estate), and orders short certificates. A parent inheriting from a child is a Class A beneficiary and owes no New Jersey inheritance tax, but the Atlantic County home still needs a tax waiver before the deed transfers: an L-9 when no return is required, recorded with the Atlantic County Clerk, or a Division-issued O-1 when L-9 does not apply. | Asset discovery for the child's accounts and property. Packet generation for the administration application, bond, and supporting affidavits. Waiver tracking before the home sale. |
Self-help resources
| Resource | What it offers |
|---|---|
| Atlantic County Surrogate's Court (atlanticcountynj.gov) | The office's own Probate of Will, Letters of Administration and Affidavits, Duties of Executor/Administrator, and Surrogate Fees pages, plus contact information for both the Mays Landing and Atlantic City offices |
| New Jersey Courts self-help (njcourts.gov/self-help) | The Judiciary's plain-language probate guidance and the county surrogate glossary |
| New Jersey Surrogates roster (njcourts.gov) | Contacts for all 21 county Surrogates, at njcourts.gov/public/directories/court-services/county-surrogates |
| New Jersey Courts, Atlantic/Cape May Vicinage (njcourts.gov/courts/vicinages/atlantic-cape-may) | Superior Court and Chancery Division information for contested matters |
| Atlantic County Bar Association (atcobar.org) | Local attorney referral for probate and estate matters, (609) 344-3444 |
| Legal Services of New Jersey (lsnj.org); South Jersey Legal Services (lsnj.org/sjls) | Free civil legal help for income-eligible New Jersey residents, including probate and estate matters |
| NJ Division of Taxation, Inheritance and Estate Tax | IT-R, L-8, L-9, and O-1 forms, current rates, and waiver guidance at nj.gov/treasury/taxation/inheritance-estate/inheritance.shtml |
When to hire an attorney
An Atlantic County attorney is advisable when a caveat is filed and the matter moves to Chancery in the Atlantic/Cape May Vicinage, where counsel is effectively required; when Class C or Class D beneficiaries owe inheritance tax and a return with valuations and elections is needed; when the estate is insolvent or close to it; when Atlantic County real estate must be sold and a complicated O-1 waiver is involved; when a will is ambiguous or an accounting is demanded; or when ancillary administration is required for a non-resident decedent who owned Atlantic County property. For uncontested, Class A-only probate at the counter, the affidavit-in-lieu paths, and straightforward administrations, most Atlantic County families complete the Surrogate intake without an attorney. Sunset can connect families to a vetted Atlantic County probate attorney when the situation requires counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Atlantic County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, Atlantic County real estate, business interests, and unclaimed property during estate settlement, and flags beneficiary classes early to anticipate inheritance-tax exposure.
Generate the probate packet. Sunset assembles the Atlantic Surrogate intake packet: the application for probate or administration with its supporting affidavits, the Notice of Probate and Proof of Mailing, Refunding Bond and Release templates, and the L-8, L-9, and O-1 waiver forms families need after qualifying.
Find a local probate attorney. When the situation calls for counsel, a caveat, a Chancery matter, a Class C or D inheritance-tax filing, or an Atlantic County real-estate sale, Sunset connects families to a vetted Atlantic County probate attorney.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file probate in Atlantic County, New Jersey?
At the Atlantic County Surrogate's Court. The main office is at 5911 Main Street, Mays Landing, NJ 08330, phone (609) 645-5800, and there is a second office at 1201 Bacharach Boulevard, Atlantic City, NJ 08401, (609) 343-2341. Uncontested probate and intestate administration for the whole county are handled in person; call ahead to confirm which office to use.
Do I need an appointment or an attorney to probate a will in Atlantic County?
No. The Atlantic County Surrogate does not require an appointment to probate a will and does not require you to be represented by an attorney, though the office encourages appointments. Uncontested matters are handled at the counter.
What are the Atlantic County Surrogate's hours?
Monday to Friday, 8:30 a.m. to 4:00 p.m., closed on weekends and county holidays. Because the office keeps two locations, call (609) 645-5800 to confirm hours and which office to visit before you go.
Does Atlantic County offer e-filing for probate?
No. There is no e-filing for Atlantic Surrogate probate; intake is in person. New Jersey's JEDS e-filing system serves Superior Court matters and cannot be used for estate cases.
What do I bring to qualify at the Atlantic County Surrogate?
The original will (copies are not accepted for probate without a court order), a certified copy of the death certificate, the executor's government-issued photo ID, the names and addresses of all next of kin and beneficiaries, the filing fee, and the cost of any short certificates.
How much does probate cost at the Atlantic County Surrogate?
$100 to probate a will of two pages or less, plus $5 per additional page; intestate administration starts at $125 (N.J.S.A. 22A:2-30). Short certificates are $5 each. Most Atlantic Surrogate matters run under a few hundred dollars in office fees, before any inheritance tax.
When can a will be admitted to probate in Atlantic County?
No will is admitted until the 11th day after death (N.J.S.A. 3B:3-22). The will may be offered for probate any time after the death, but the Surrogate cannot complete probate before then.
Can I look up an Atlantic County probate case online?
No. There is no public online Surrogate case portal. Record copies are obtained from the office in person or through a New Jersey Judiciary records request.
Where do contested Atlantic County probate matters go?
To the Superior Court of New Jersey, Chancery Division, Probate Part, in the Atlantic/Cape May Vicinage. A caveat filed at the Surrogate's office routes the matter there, and counsel is effectively required once a matter is contested.
Does the Atlantic County Surrogate handle inheritance-tax waivers?
No. The Surrogate qualifies the executor or administrator; New Jersey inheritance-tax waivers (L-8 for Class A bank accounts, L-9 for Class A real estate, and O-1 for other cases) come from the New Jersey Division of Taxation. The resident inheritance-tax return (IT-R) is due within 8 months of the date of death.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.