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Hudson County, NJ Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Hudson County Surrogate's Court (uncontested probate and administration) |
| Current Surrogate | Tilo E. Rivas, an elected constitutional officer; in office since January 2020 and re-elected in November 2024 to a five-year term ending January 2030 |
| Courthouse address | Frank J. Guarini Justice Complex, Room 1-4000, Jersey City, NJ 07306 |
| Mailing address | Hudson County Surrogate's Court, Frank J. Guarini Justice Complex, Room 1-4000, Jersey City, NJ 07306 |
| Phone | (201) 795-6378 |
| Fax | (201) 795-5488 |
| [email protected] | |
| Hours | Monday to Friday, 8:30 a.m. to 4:30 p.m.; closed daily from 12:30 to 1:30 p.m. for lunch and on weekends and county holidays. Open by appointment only as of July 15, 2026 |
| 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 estate information sheets and application forms; New Jersey has no statewide probate form set |
| E-filing | Not available for Surrogate probate. Intake is in person by appointment (JEDS handles Superior Court matters, not estate cases) |
| Case search | An online index search is available on the Surrogate's site for record lookups; certified copies are obtained in person or through a records request |
| Remote appearance | Not applicable at the Surrogate (administrative counter intake by appointment); contested Chancery matters follow Superior Court practice |
| Contested matters | Superior Court of New Jersey, Chancery Division, Probate Part, Hudson vicinage (Vicinage 6) |
| Website | https://www.hudsonsurrogate.org |
Before you begin — know the assets and liabilities
The most common Hudson 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 no more than 50% of a bank balance until a waiver clears (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 appointment, identify every bank account, brokerage and retirement account, life insurance policy, business interest, and parcel of Hudson 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 Hudson County Surrogate's Court in Jersey City serves the entire county, including Jersey City, Bayonne, Hoboken, Union City, West New York, North Bergen, Kearny, Secaucus, Weehawken, Guttenberg, Harrison, and East Newark. Every uncontested Hudson probate and intestate administration is handled at the one office in the Frank J. Guarini Justice Complex, Room 1-4000. 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 Hudson 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 Hudson vicinage (Vicinage 6), where counsel is effectively required. The Surrogate also serves 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 the executor may qualify sooner, but the will is not admitted before then.
- Gather what the Surrogate requires: the original will and any codicils, a certified copy of the death certificate, the executor's government-issued photo ID, the completed estate information sheet, and the names and addresses of all next of kin and will beneficiaries. For an intestate estate, bring the Affidavit of Assets and any next-of-kin renunciation or consent instead of a will.
- Request an appointment with the Hudson Surrogate at the Frank J. Guarini Justice Complex, Room 1-4000, Jersey City. As of July 15, 2026 the office is open by appointment only; there is no e-filing for Surrogate probate, and uncontested matters are processed in person.
- Complete the Surrogate's own estate information sheet for your path (probate of a will, general or ancillary administration, administration CTA, or an affidavit in lieu) and, for a will that is not self-proving, arrange witness proofs before the will can be admitted.
- Take the oath and qualify at your appointment. 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. The Surrogate retains the original will and gives the executor a certified copy.
- 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 record against real estate; and collect a Refunding Bond and Release from each beneficiary before closing (N.J.S.A. 3B:23-24).
Executor duties
The statewide personal-representative duties (Notice of Probate within 60 days, the 9-month creditor window, inheritance-tax filings, and the Refunding Bond and Release) apply in Hudson exactly as described on the New Jersey page. These are the local additions specific to qualifying at the Hudson Surrogate:
| Hudson-specific duty | Timing |
|---|---|
| Request an appointment before coming; the office is appointment only as of July 15, 2026 | Before intake; call (201) 795-6378 or use the appointment request on hudsonsurrogate.org |
| Bring the original will, a certified death certificate, photo ID, and the completed estate information sheet | At the appointment; the Surrogate keeps the original will and provides the executor a certified copy |
| Arrange witness proofs if the will is not self-proving | Before the will can be admitted; confirm what is required when you schedule |
| Post a surety bond when serving as administrator (intestate) | Before appointment is granted, unless the will waives bond or a statutory exception applies |
| Order short certificates for banks, brokerages, and title companies | At the appointment (institutions typically want one dated within 60 days, which is institutional practice, not a legal rule) |
Forms and documents
Probate forms in Hudson County
New Jersey has no statewide probate form set. Each county Surrogate publishes its own applications, and Hudson posts its estate information sheets and supporting forms in the Document Library at hudsonsurrogate.org. Hudson uses separate will and administration information sheets rather than one combined worksheet. Qualifying at the Hudson Surrogate requires the original will (for probate), a certified death certificate, the executor's or administrator's photo ID, the completed information sheet, the names and addresses of the next of kin and beneficiaries, the fee, and the oath taken at your appointment; short certificates are issued at qualification. The principal Hudson forms:
| Form | What it does |
|---|---|
| Will Fact and Information Sheet | Opens probate when the decedent left a will; completed by the named executor before the appointment. |
| Administration Estate Information Sheet | Opens intestate administration when there is no will; completed by the next of kin who will administer the estate. |
| Affidavit of Assets | Schedules the estate's assets for administration and for the small-estate affidavit paths. |
| Next of Kin Consent | Written consent of the other heirs supporting an affidavit in lieu of administration when there is no surviving spouse and the intestate estate is $20,000 or less (N.J.S.A. 3B:10-4). |
| Caveat | Blocks probate at the Surrogate and routes the matter to Chancery; a Withdrawal of Caveat releases it back. |
| 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). |
| 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. |
| Renunciation (surviving spouse, next of kin, executor, or trustee) | Notarized form used when a person entitled to serve or take administration declines or defers to another. |
| Document Library (full form set) | The Surrogate's complete library, including administration CTA, ancillary and substituted administration affidavits, guardianship, and adoption forms. |
Local nuance
Hudson County-specific considerations
New courthouse, appointment-only intake. The Hudson Surrogate has moved into the county's new Frank J. Guarini Justice Complex, Room 1-4000, in Jersey City, and as of July 15, 2026 the office is open by appointment only. Many directories, including the statewide Surrogate roster on njcourts.gov, still list the office's previous location at 595 Newark Avenue; that address is out of date. Request an appointment through hudsonsurrogate.org or by calling (201) 795-6378 before you come.
The office closes for lunch. The Surrogate is open Monday to Friday, 8:30 a.m. to 4:30 p.m., but closes daily from 12:30 to 1:30 p.m. Plan your appointment around the midday closure.
The original will stays with the Surrogate. Hudson retains the original will after probate. The executor receives a certified copy for banks and other institutions but does not take the original home. Keep your own copy for reference.
A lost original will has to go to Superior Court. If the original will cannot be located, the Hudson Surrogate cannot admit it; you must apply to the Superior Court, Chancery Division, Probate Part, to probate a copy.
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 Hudson estates.
Hudson real estate needs a recorded tax waiver. Before Jersey City or other Hudson County real estate can be conveyed, a Class A L-9 waiver (or an O-1 for other classes) must be recorded with the Hudson County Register. The Surrogate does not issue tax waivers; they come from the New Jersey Division of Taxation.
Bilingual assistance is available. The Hudson Surrogate provides English and Spanish assistance to families settling an estate.
Recent updates
| Date | Change | Source |
|---|---|---|
| July 2026 | The Hudson County Surrogate relocated to the county's new Frank J. Guarini Justice Complex (Room 1-4000) and moved to appointment-only intake, both effective July 15, 2026. | hudsonsurrogate.org, July 2026 |
| November 2024 | Tilo E. Rivas was re-elected Hudson County Surrogate to a five-year term ending January 2030. | hudsonsurrogate.org; New Jersey Globe, Nov. 2024 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Hudson County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Jersey City, Bayonne, or Hoboken 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 50% 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 Hudson County Register. |
| Out-of-state adult child, small estate | If the parent died intestate and the estate fits New Jersey's affidavit-in-lieu cap, the child (with the other heirs' written consent, N.J.S.A. 3B:10-4) can file the Affidavit of Assets and Next of Kin Consent in lieu of administration. If the parent left a will, even a small estate must go through full probate at the Surrogate's Jersey City office, which is appointment only, so out-of-state executors should call (201) 795-6378 to confirm which steps can be handled by mail before planning a trip. | Asset discovery to confirm intestacy and that the estate fits the cap. Packet generation for the affidavit in lieu. Coordination with a local Hudson attorney when a trip to Jersey City cannot be avoided. |
| Parent settling a predeceased child's estate, home must be sold | Full intestate administration at the Hudson 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. The Hudson home needs an L-9 waiver (or an O-1 when L-9 does not apply) recorded with the Hudson County Register before it can be sold; a parent inheriting from a child is a Class A beneficiary and owes no New Jersey inheritance tax. | 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 |
|---|---|
| Hudson County Surrogate's Court (hudsonsurrogate.org) | Estate information sheets, the Document Library, the FAQ, the online index search, and appointment requests for probate, administration, guardianship, and adoption |
| 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, Hudson vicinage (njcourts.gov/courts/vicinages/hudson) | Superior Court and Chancery Division information for contested matters |
| Hudson County Bar Association | Local attorney referral for probate and estate matters |
| Legal Services of New Jersey (lsnj.org) | Free civil legal help for income-eligible New Jersey residents, including probate and estate matters |
| Hudson County Register | Records deeds and mortgages; where L-9 or O-1 real-property inheritance-tax waivers are recorded before Hudson real estate can be conveyed |
| 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
A Hudson County attorney is advisable when a caveat is filed and the matter moves to Chancery, where counsel is effectively required; when Class C or Class D beneficiaries owe inheritance tax and a return with valuations is needed; when the estate is insolvent or close to it; when Hudson 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 Hudson property. For uncontested, Class A-only probate, the affidavit-in-lieu paths, and straightforward administrations, most Hudson families complete the Surrogate intake without an attorney. Sunset can connect families to a vetted Hudson 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 Hudson County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, Hudson real estate, business interests, and unclaimed property, and flags beneficiary classes early to anticipate inheritance-tax exposure.
Generate the probate packet. Sunset assembles the Hudson Surrogate intake packet for estate settlement: the estate information sheet and application for your path 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 a Hudson real-estate sale, Sunset connects families to a vetted Hudson 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 Hudson County, New Jersey?
At the Hudson County Surrogate's Court in the Frank J. Guarini Justice Complex, Room 1-4000, Jersey City, NJ 07306, phone (201) 795-6378. Uncontested probate and intestate administration for the whole county are handled there in person, by appointment.
Do I need an appointment at the Hudson County Surrogate?
Yes. As of July 15, 2026 the office is open by appointment only. Request an appointment through hudsonsurrogate.org or by calling (201) 795-6378 before you come, and confirm you have every required item.
What are the Hudson Surrogate's hours?
Monday to Friday, 8:30 a.m. to 4:30 p.m., closed daily from 12:30 to 1:30 p.m. for lunch and on weekends and county holidays.
Does Hudson offer e-filing for probate?
No. There is no e-filing for Hudson Surrogate probate; intake is in person by appointment. 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 Hudson Surrogate?
For a will: the original will and any codicils, a certified copy of the death certificate, the executor's photo ID, the completed Will Fact and Information Sheet, the names and addresses of the next of kin and beneficiaries, and the fee. For an intestate estate: the certified death certificate, the Administration Estate Information Sheet, the Affidavit of Assets, photo ID, any next-of-kin renunciation or consent, and the fee.
Does the Hudson Surrogate keep my will?
Yes. The Surrogate retains the original will after probate. The executor receives a certified copy of the probated will to use with banks and other institutions.
How much does probate cost at the Hudson 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 carry a small per-certificate fee. Most Hudson Surrogate matters run under a few hundred dollars in office fees, before any inheritance tax.
Can I look up a Hudson County probate record online?
The Surrogate's site offers an online index search for record lookups, but there is no public case-management portal. Certified copies are obtained in person or through a records request.
Where do contested Hudson probate matters go?
To the Superior Court of New Jersey, Chancery Division, Probate Part, in the Hudson vicinage (Vicinage 6). A caveat filed at the Surrogate's office routes the matter there, and counsel is effectively required once a matter is contested.
Does the Hudson 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.