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Middlesex County, NJ Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Middlesex County Surrogate's Court (uncontested probate and administration) |
| Current Surrogate | Claribel Cortes, an elected constitutional officer; sworn in March 2021 as the first Latina to hold the office and the first Latina constitutional officer in county history |
| Courthouse address | Middlesex County Administration Building, 75 Bayard Street, 1st Floor, New Brunswick, NJ 08901 |
| Mailing address | Middlesex County Surrogate's Court, P.O. Box 790, New Brunswick, NJ 08903 |
| Phone | (732) 745-3055 |
| Fax | (732) 745-4125 |
| Hours | Monday to Friday, 8:00 a.m. to 3:45 p.m., with Tuesday late-night appointments until 6:00 p.m.; by appointment only; closed weekends and county holidays |
| Appointments | Required. The office is by appointment only; schedule online at middlesexcountysurrogate.as.me or call, and appointments are also available at satellite locations around the county |
| Payment | Check, or Visa, Mastercard, or Discover; the office does not accept American Express or cash |
| 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 Sheet and a Forms and Booklets library; New Jersey has no statewide probate form set |
| E-filing | The Surrogate does not use New Jersey's JEDS system for estate cases; the county runs its own e-File intake for estates processed by mail or email instead of an in-person appointment |
| Case search | Yes. A free public online index is available at surrogatesearch.co.middlesex.nj.us; certified record copies are obtained through the office |
| Remote appearance | Not applicable at the Surrogate (administrative counter intake); contested Chancery matters follow Superior Court practice |
| Contested matters | Superior Court of New Jersey, Chancery Division, Probate Part, Middlesex vicinage, New Brunswick |
| Website | https://www.middlesexcountynj.gov/government/departments/department-of-community-services/office-of-the-surrogate |
Before you begin — know the assets and liabilities
The most common Middlesex County probate mistake is qualifying 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 Middlesex County real estate, along with every debt, and identify each beneficiary by name and inheritance-tax class. The county's Estate Information Sheet asks for exactly this. 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 Middlesex County Surrogate's Court in New Brunswick serves the entire county, including New Brunswick, Edison, Woodbridge, Old Bridge, Perth Amboy, Piscataway, East Brunswick, Sayreville, North Brunswick, South Brunswick, Monroe, Carteret, South Plainfield, Metuchen, Highland Park, Plainsboro, and Cranbury. Uncontested Middlesex probate and intestate administration run through the main office at 75 Bayard Street, 1st Floor, in the Middlesex County Administration Building, and the Surrogate also schedules appointments at satellite locations around the county. 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 Middlesex 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 Middlesex vicinage, which sits at the Middlesex County courthouse complex in New Brunswick, 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 with original signatures, a certified copy of the death certificate with a raised seal, the executor's government-issued photo ID, and the names and addresses of all next of kin and will beneficiaries (even those not named in the will). Complete the county's Estate Information Sheet, which covers both testate and intestate matters.
- Schedule an appointment. The Middlesex Surrogate's office is by appointment only: book online at middlesexcountysurrogate.as.me or call (732) 745-3055 (the office schedules by phone for special accommodations, and satellite locations are available). If you would rather not appear in person, submit the required information through the county's own e-File intake and the office processes the estate by mail or email; a mailed original will should go by certified mail with tracking.
- Complete the Surrogate's application for your path (probate of a self-proving will, administration with the will annexed, general or ancillary administration, 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. 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 premium is paid, 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. Pay by check, or by Visa, Mastercard, or Discover; the office does not accept American Express or cash, and it cannot take a check drawn on the decedent's account unless the account is a joint spousal account. 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 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 Middlesex exactly as described on the New Jersey page. These are the local additions specific to qualifying at the Middlesex Surrogate:
| Middlesex-specific duty | Timing |
|---|---|
| Complete the county's Estate Information Sheet and bring the original will, a certified death certificate with a raised seal, and photo ID | At intake; the Surrogate keeps the original will and provides the executor a certified copy |
| Schedule an appointment (online at middlesexcountysurrogate.as.me or by phone); the office is by appointment only | Before the visit; Tuesday late-night appointments run to 6:00 p.m., and satellite locations are available |
| Bring the names and addresses of all next of kin, even those not named in the will | At intake; the Estate Information Sheet asks for them |
| Pay by check, or by Visa, Mastercard, or Discover (no American Express, no cash) | At qualifying; confirm the amount in advance |
| Post a surety bond when serving as administrator (intestate) | Premium due before appointment is granted; it renews annually until the estate closes, unless the will waives bond or a statutory exception applies |
| Order short certificates for banks, brokerages, and title companies | At intake; $5 each (institutions typically want one dated within 60 days) |
Forms and documents
Probate forms in Middlesex County
New Jersey has no statewide probate form set. Each county Surrogate publishes its own intake materials, and Middlesex uses a single combined Estate Information Sheet that works for both a will (probate) and no will (administration). The sheet collects the decedent's personal information and marital status, the executor's or administrator's contact details, the beneficiaries and their relationships and ages, whether the decedent owned New Jersey real estate, the will and codicil details or an asset listing if intestate, and the number of short certificates needed. The county's Forms and Booklets page also posts the Proof of Witness, Caveat and Withdrawal of Caveat forms, the Refunding Bond and Release with instructions, and copies of the state L-8 and L-9 waiver forms. Qualifying at the Middlesex Surrogate requires the original will with original signatures, a certified death certificate with a raised seal, the executor's photo ID, the names and addresses of all next of kin and beneficiaries, and the fee by check or credit card; letters are usually issued at the initial appointment. The principal Middlesex filings:
| Form or category | What it does |
|---|---|
| Estate Information Sheet | The county's combined intake sheet for both testate and intestate matters; captures the decedent, the personal representative, beneficiaries, real property, will or asset details, and the certificates requested. |
| Application for probate of a will | Opens probate of a self-proving will; filed with the Notice of Probate and Proof of Mailing and, on distribution, the Refunding Bond and Release. |
| Proof of witness (subscribing or other witness) | Used when the will lacks a self-proving affidavit; the Surrogate takes witness proof before admitting the will. |
| Application for administration (and bond) | Opens intestate administration when there is no will; filed with the surety bond and the Refunding Bond and Release. |
| Administration with the will annexed (C.T.A.) | For a will where no named executor can serve, or where a successor must be appointed to complete administration. |
| Affidavit in lieu of administration (surviving spouse or heir) | Intestate small-estate path; a surviving spouse or partner, or an heir with the other heirs' written consent, claims the estate without full administration (N.J.S.A. 3B:10-3; N.J.S.A. 3B:10-4). |
| Non-resident / ancillary administration | For a decedent who lived outside New Jersey but owned Middlesex 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). |
| Renunciation (of executor, administration, or trustee) | Notarized form used when a person entitled to serve declines or defers to another. |
| Caveat / withdraw caveat | A caveat blocks probate at the Surrogate and routes the matter to Chancery; withdrawing it releases the matter back. |
| L-8 and L-9 waiver forms | State inheritance-tax waiver forms the county posts for convenience; the L-8 goes directly to the financial institution and the L-9 requests the real-estate waiver for Class A estates. |
Fees
The Middlesex Surrogate publishes its own fee chart, within the statewide ceilings of N.J.S.A. 22A:2-30, on the county's When a Loved One Dies page (verified 2026). Beyond the base probate and administration fees, the chart includes these local service fees:
| Item | Amount |
|---|---|
| Probate of a will (two pages or less), with letters testamentary | $100 |
| Each additional will page | $5 |
| Probate of a codicil (not exceeding one page) | $25 |
| Reopening probate proceedings | $25 |
| Commissions (the county's fact sheets note a commission fee applies to processing by mail) | $35 |
| Certified copy of a will with proofs for a New Jersey county (two pages or less); each additional page | $50; $5 |
| Exemplifying a will (not exceeding two pages) | $75, plus $9 for exemplified forms and $5 per additional page |
| Plain copy of a will | $3 per page |
| Letters of administration (intestate), base | $125 |
| Administration ad prosequendum | $50 |
| Exemplifying administration | $75 |
| Certified copy of administration | $50 |
| Affidavit of surviving spouse (intestate estate up to $50,000) | $5 per $100 of assets, maximum $50; waived if assets are under $200 |
| Affidavit of next of kin (intestate estate up to $20,000) | $5 per $100 of assets, maximum $50; waived if assets are under $200 |
| Short certificates | $5 each |
Local nuance
Middlesex County-specific considerations
A free public case search is online. Middlesex publishes a free public index of Surrogate records at surrogatesearch.co.middlesex.nj.us, searchable by name, docket number, case type, town, and dates, with images; the county says the index is designed to update every 24 hours. Most New Jersey counties have no online Surrogate case lookup; certified copies still come through the office.
The office is appointment-only, and Tuesdays run late. The Middlesex Surrogate sees families by appointment only. Book online at middlesexcountysurrogate.as.me or call (732) 745-3055; Tuesday late-night appointments run until 6:00 p.m., which helps working executors, and the office also schedules appointments at satellite locations around the county. If you cannot come in person, the county's own e-File intake submits the required information for processing by mail or email. New Jersey's JEDS system does not handle estate cases, and the county states the Surrogate's Court does not use it.
Check or credit card only, no American Express or cash. The Middlesex Surrogate accepts payment by check, or by Visa, Mastercard, or Discover, and does not take American Express or cash. It also cannot accept a check drawn on the decedent's account unless the account is a joint spousal account. Confirm the fee amount before your appointment so payment is ready.
The original will stays with the Surrogate. Middlesex retains the original will after probate. The executor receives a certified copy for banks and other institutions but does not take the original home. Bring your own copy for reference.
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 Middlesex estates.
Middlesex real estate needs a recorded tax waiver. Before New Brunswick, Edison, or other Middlesex County real estate can be conveyed, a Class A L-9 waiver (or an O-1 for other classes) must be recorded with the Middlesex County Clerk. The Surrogate does not issue tax waivers; they come from the New Jersey Division of Taxation.
Recent updates
| Date | Change | Source |
|---|---|---|
| March 2021 | Claribel Cortes was sworn in as Middlesex County Surrogate, the first Latina to hold the office and the first Latina constitutional officer in county history. | Insider NJ, March 26, 2021 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Middlesex County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | An Edison, Woodbridge, or New Brunswick 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 Middlesex County Clerk. |
| Out-of-state adult child, small estate | If the parent died intestate and the estate is within New Jersey's intestate affidavit-in-lieu limits (statewide thresholds; see the New Jersey state page), the child, with the other heirs' written consent, can claim the estate on the affidavit path (N.J.S.A. 3B:10-4) instead of full administration. If the parent left a will, even a small estate must go through full probate at the Surrogate; Middlesex is appointment-only with online scheduling and Tuesday late-night slots, and its county e-File intake lets an out-of-state executor submit the required information for processing by mail or email, with a mailed original will sent by certified mail with tracking. | Asset discovery to confirm intestacy and that the estate fits the cap. Packet generation for the affidavit in lieu and the Estate Information Sheet. Coordination with a local Middlesex attorney when a trip to New Brunswick cannot be avoided. |
| Parent settling a predeceased child's estate, home must be sold | Full intestate administration at the Middlesex 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 Middlesex home still needs a tax waiver before the deed transfers: an L-9 when no return is required, or a Division-issued O-1 when L-9 does not apply, recorded with the Middlesex County Clerk. | 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 |
|---|---|
| Middlesex County Surrogate's Court (middlesexcountynj.gov) | The office's own guidance, the Estate Information Sheet, contact and appointment scheduling, and announcements for probate, administration, and guardianship |
| Middlesex Surrogate online case search (surrogatesearch.co.middlesex.nj.us) | Free public index of Surrogate records, searchable by name, docket number, case type, town, and dates |
| 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, Middlesex vicinage (njcourts.gov/courts/vicinages/middlesex) | Superior Court and Chancery Division information for contested matters |
| Middlesex County Bar Association (mcbalaw.com) | Local attorney referral for probate and estate matters |
| Legal Services of New Jersey (lsnj.org) | Free civil legal help for low-income 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
A Middlesex 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 and elections is needed; when the estate is insolvent or close to it; when Middlesex 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 Middlesex property. For uncontested, Class A-only probate, the affidavit-in-lieu paths, and straightforward administrations, most Middlesex families complete the Surrogate intake without an attorney. Sunset can connect families to a vetted Middlesex 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 Middlesex County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, Middlesex real estate, business interests, and unclaimed property, and flags beneficiary classes early to anticipate inheritance-tax exposure.
Generate the probate packet. Sunset assembles the Middlesex Surrogate intake materials for estate settlement: the Estate Information Sheet and 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 a Middlesex real-estate sale, Sunset connects families to a vetted Middlesex 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 Middlesex County, New Jersey?
At the Middlesex County Surrogate's Court, 75 Bayard Street, 1st Floor, in the Middlesex County Administration Building, New Brunswick, NJ 08901, phone (732) 745-3055. Uncontested probate and intestate administration for the whole county are handled there in person.
What are the Middlesex Surrogate's hours?
Monday to Friday, 8:00 a.m. to 3:45 p.m., with Tuesday late-night appointments until 6:00 p.m. The office sees families by appointment only and is closed on weekends and county holidays. The later Tuesday appointments help working executors.
Do I need an appointment to probate a will at the Middlesex Surrogate?
Yes. The Middlesex Surrogate's office is by appointment only. Schedule online at middlesexcountysurrogate.as.me or call (732) 745-3055; appointments are also available at satellite locations around the county, and the office schedules by phone for special accommodations.
Does Middlesex offer e-filing for probate?
The Middlesex Surrogate's Court does not use New Jersey's JEDS e-filing system, which serves Superior Court matters and cannot be used for estate cases. The county does run its own e-File intake: if you do not want an in-person appointment, you submit the required estate information online and the office processes the matter by mail or email.
Can I look up a Middlesex County probate case online?
Yes. Middlesex publishes a free public index of Surrogate records at surrogatesearch.co.middlesex.nj.us, searchable by name, docket number, case type, town, and dates. Certified copies of records are still obtained through the office.
What do I bring to qualify at the Middlesex Surrogate?
The original will with original signatures, a certified copy of the death certificate with a raised seal, the executor's government-issued photo ID, the completed Estate Information Sheet, the names and addresses of all next of kin and beneficiaries, and payment by check or credit card. The office does not accept American Express or cash.
How much does probate cost at the Middlesex 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. Pay by check, or by Visa, Mastercard, or Discover, not American Express or cash. Most Middlesex Surrogate matters run under a few hundred dollars in office fees, before any inheritance tax.
Does the Middlesex 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.
Where do contested Middlesex probate matters go?
To the Superior Court of New Jersey, Chancery Division, Probate Part, in the Middlesex vicinage in New Brunswick. A caveat filed at the Surrogate's office routes the matter there, and counsel is effectively required.
Does the Middlesex 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.