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Salem County, NJ Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Salem County Surrogate's Court (Gordon J. Ostrum, Jr., Surrogate) |
| Courthouse | Salem County Courthouse, 92 Market Street, Suite A122, Salem, NJ 08079 |
| Mailing address | Salem County Surrogate's Court, 92 Market Street, Suite A122, Salem, NJ 08079 |
| Phone | (856) 935-7510, ext. 8323 (also ext. 8321, 8322, 8324, 8121) |
| Through the office contact form at surrogate.salemcountynj.gov/contact-us | |
| Office hours | Mon-Fri 8:30 AM - 4:30 PM; all estates are handled by scheduled appointment |
| Filing fee | Probate of a will, first two pages: $100; general administration: $125 (N.J.S.A. 22A:2-30, verified July 2026) |
| Payment methods | Personal check, money order, or cash only; the office does not accept credit or debit cards |
| Local probate forms | Yes - the Surrogate publishes its own Word-document fact sheets; New Jersey has no statewide probate form set |
| E-filing | Not available - executors and administrators qualify in person by appointment |
| Online case search | Not available - records requests are handled by office staff ($10 per name searched) |
| Home visit | The Surrogate can complete probate paperwork at the applicant's home when the person cannot come to the office |
| Website | https://surrogate.salemcountynj.gov |
Before you begin — know the assets and liabilities
Before you schedule an appointment with the Salem County Surrogate, know exactly what is in the estate. The path - probate of a will, general administration when there is no will, administration with the will annexed, or one of New Jersey's intestate affidavit-in-lieu paths - depends entirely on whether there is a will and on the value and type of the assets. Salem handles every estate by appointment, so arriving with a complete asset and debt picture and the right fact sheet saves a return trip.
Identify every bank account, credit-union account, retirement plan, brokerage holding, life-insurance policy, vehicle, and parcel of real property, along with every debt, before you qualify. The Surrogate's own Worksheet - Assets & Debts must be completed for administration and small estate matters. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Salem County Surrogate's Court serves the entire county from one office at the Salem County Courthouse in the City of Salem, covering Salem, Pennsville, Carneys Point, Penns Grove, Woodstown, Pilesgrove, Elmer, Elsinboro, and the county's remaining rural municipalities. Uncontested probate and administration are filed here when the decedent was domiciled in Salem County at death (R. 4:80-1(c)); if the decedent had no New Jersey domicile, venue lies in any county where New Jersey property is located.
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. The Surrogate handles only uncontested matters. If a caveat is filed or a matter becomes contested - a will contest, a fiduciary removal, a formal accounting - the case moves to the Superior Court, Chancery Division, Probate Part in the Cumberland, Gloucester and Salem Vicinage, where counsel is effectively required.
The jurisdiction process
- Confirm the matter is uncontested and that venue is Salem County (the decedent was domiciled here at death, R. 4:80-1(c)). Gather the original signed will (if any), a certified death certificate with a raised seal, the executor's or administrator's photo ID, the names and addresses of the next of kin and beneficiaries, and a list of assets and debts.
- Complete the applicable Salem fact sheet before your appointment: the Probate Fact Sheet (decedent left a will) or the Administration Fact Sheet (no will), plus the Worksheet - Assets & Debts for administration and small estate matters. These are downloadable Word documents on the Surrogate's Forms page.
- Call (856) 935-7510, ext. 8323 to schedule an appointment; all estates are handled by appointment. If the executor or administrator cannot travel to the courthouse, ask whether the Surrogate can complete the paperwork at the person's home.
- For a will, no probate is admitted until the 11th day after death (N.J.S.A. 3B:3-22); the Surrogate counts the date of death as day one and can admit the will on day 12. You may prepare and submit papers before then.
- Qualify at your appointment: sign the complaint and oath and pay the fee by personal check, money order, or cash (no credit or debit cards). Probate of a will (first two pages) is $100 and general administration is $125 (N.J.S.A. 22A:2-30). Administration requires a fiduciary bond unless a statutory exception applies (N.J.S.A. 3B:15-1).
- Receive short certificates - New Jersey's certified proof of the executor's or administrator's authority - issued the same day. Buy enough for each bank and institution; banks and title companies typically want one dated within 60 days, which is institutional practice, not a legal rule.
- Mail the Notice of Probate to beneficiaries and heirs within 60 days and file the Proof of Mailing within 10 days of that mailing; if a charity is a beneficiary, also send notice and a copy of the will to the New Jersey Attorney General (R. 4:80-6). The Surrogate provides the Notice of Probate and Proof of Mailing form.
- Administer the estate: creditors have nine months from the date of death to present claims (N.J.S.A. 3B:22-4), which are paid in statutory priority; take a Refunding Bond and Release from each beneficiary on distribution and file it with the Surrogate (N.J.S.A. 3B:23-24). Record any L-9 or O-1 inheritance-tax real-property waiver with the Salem County Clerk before conveying local real estate.
Forms and documents
Probate forms in Salem County
New Jersey has no statewide probate form set. Instead the Salem County Surrogate publishes its own fact sheets and worksheets as Microsoft Word documents, which double as the intake checklist for qualifying. Complete the applicable fact sheet before your appointment. Qualifying at the Salem Surrogate requires the original signed will (for probate), a certified death certificate with a raised seal, the applicant's photo ID, the names and addresses of the next of kin and beneficiaries, the filing fee by check, money order, or cash, and the oath taken at the office; short certificates are issued the same day.
| Form | When it applies |
|---|---|
| Probate Fact Sheet | Decedent left a will; the named executor qualifies to probate it |
| Administration Fact Sheet | Decedent left no will; the next of kin applies to administer the estate |
| Administration C.T.A. Fact Sheet | There is a will but no named executor can serve; a residuary beneficiary applies |
| Affidavit of Spouse Fact Sheet | Intestate small estate claimed by a surviving spouse or partner in lieu of administration |
| Affidavit of Heir Fact Sheet | Intestate small estate claimed by an heir when there is no surviving spouse |
| Worksheet - Assets & Debt | Required for administration and small estate matters |
| Notice of Probate and Proof of Mailing | Mailed to beneficiaries and heirs after qualifying (R. 4:80-6) |
| Surrogate's Judiciary Records Request Form | Requesting a records search ($10 per name searched) |
Fees
| Item | Amount | Notes |
|---|---|---|
| Records search | $10.00 per name | Surrogate's Judiciary Records Request Form; submitted with the full name and, if known, the date of death |
| Accepted payment | Check, money order, or cash | The Salem County Surrogate does not accept credit or debit cards |
The statutory probate and administration fees are uniform statewide under N.J.S.A. 22A:2-30 and appear in the at-a-glance table above. The records-search fee and payment methods are the Salem-specific practicalities; the full schedule is on the Surrogate's Fee Schedule of Services page.
Local nuance
Salem County-specific considerations
Appointment-only intake. All estates are handled by scheduled appointment. Call (856) 935-7510, ext. 8323 before coming, and confirm you have every required item; the office recommends calling ahead so nothing is missing.
Home probate visits. In cases where an executor or administrator cannot make it into the office, Surrogate Ostrum can come to the person's home to complete the probate paperwork. Ask about eligibility when you schedule.
Check, money order, or cash only. The Salem County Surrogate does not accept credit or debit cards. Bring a personal check, money order, or cash for the filing fee.
The county's own fact sheets are the forms. New Jersey publishes no statewide probate form set. Salem posts its Probate, Administration, C.T.A., and small-estate affidavit fact sheets and the Assets & Debts worksheet as Word documents; complete the right one before your appointment.
One office, county seat. Salem is New Jersey's least populous county, and a single Surrogate's office at 92 Market Street serves it. Contested matters route to the Superior Court, Chancery Division, Probate Part in the Cumberland, Gloucester and Salem Vicinage.
Recent updates
| Date | Change | Source |
|---|---|---|
| September 2025 | The Salem County Surrogate updated its Probate Fact Sheet and Affidavit of Spouse Fact Sheet (the Affidavit of Heir Fact Sheet was updated April 2025) | Salem County Surrogate Forms page (surrogate.salemcountynj.gov/forms) |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Salem County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the home was held as tenants by the entirety or with right of survivorship, it passes to the surviving spouse outside probate by recording the death certificate with the Salem County Clerk. As a Class A beneficiary, the spouse uses the L-8 self-executing waiver to release bank accounts and files an L-9 for real property. If the home was in the decedent's sole name and there is a will, the spouse qualifies as executor by appointment at the Salem Surrogate. | Asset discovery to confirm how title is held. Packet generation for the qualifying paperwork. Guidance on recording the survivorship deed and the L-8 and L-9 waivers. |
| Out-of-state adult child, small estate | For an intestate estate small enough for New Jersey's affidavit-in-lieu path (statewide thresholds apply; see the New Jersey state page), the child files the Affidavit of Heir fact-sheet path at the Salem Surrogate by appointment and then holds administrator powers without full administration. Detailed asset information, including account and vehicle identification numbers, is required. | Asset discovery to confirm the estate fits the caps. Packet generation for the affidavit and Assets & Debts worksheet, prepared and notarized in advance so the appointment in Salem is a single trip. |
| Parent settling a predeceased child's estate, home must be sold | General administration (no will) at the Salem Surrogate by appointment. The parent posts a fiduciary bond unless waived (N.J.S.A. 3B:15-1), receives short certificates, and sells the home. A parent inheriting from a child is a Class A beneficiary and owes no New Jersey inheritance tax, but the real estate still needs a tax waiver before the deed transfers: Form L-9 when no return is required, recorded with the Salem 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 filing. Attorney referral if a sale or heir dispute turns contested. |
Self-help resources
| Resource | What it offers |
|---|---|
| Salem County Surrogate's Court (surrogate.salemcountynj.gov) | The office's own fact sheets, fee schedule, the What to Do First primer, and a glossary of probate terms |
| 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) | Contact directory for all 21 county surrogates, including Salem |
| Salem County Bar Association Lawyer Referral Service - (856) 935-5629, salemcountybar.org | Referral to Salem-area attorneys who handle probate and estate matters |
| South Jersey Legal Services, Inc. - 1 (800) 496-4570 | Free civil legal help, including probate and estate matters, for income-eligible Salem County residents |
| Salem County Clerk's Office - (856) 935-7510, ext. 8206 | Records deeds and mortgages; where survivorship deeds and L-9 or O-1 real-property tax waivers are recorded |
| NJ Division of Taxation, Inheritance & Estate Tax (nj.gov/treasury/taxation) | Inheritance-tax rates, the IT-R return, and the L-8, L-9, and O-1 waiver forms |
When to hire an attorney
Most Salem County estates are uncontested and are completed by qualifying over the counter at the Surrogate's office, without an attorney, and the office's appointment scheduling and home-visit option make that practical even for families spread out across the region. Consider counsel when a caveat is filed or the matter otherwise becomes contested and moves to the Superior Court, Chancery Division, Probate Part; when a will contest or heir dispute is likely; when the estate is insolvent or a formal accounting is demanded; or when the estate holds a business interest or out-of-state real property. Sunset can connect families to a vetted New Jersey probate attorney serving Salem County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Salem County real estate, and unclaimed property, so the Surrogate's Assets & Debts worksheet is complete before you qualify.
Generate the probate packet. Sunset assembles the Salem County Surrogate's fact sheets, the Notice of Probate and Proof of Mailing, and the supporting paperwork for your estate settlement path, ready to bring to your appointment.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted New Jersey probate attorney serving Salem County.
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 for probate in Salem County?
At the Salem County Surrogate's Court, 92 Market Street, Suite A122, Salem, NJ 08079. All estates are handled by scheduled appointment; call (856) 935-7510, ext. 8323 to arrange one.
Do I need an appointment at the Salem County Surrogate?
Yes. Salem handles every estate by scheduled appointment. Call (856) 935-7510, ext. 8323 first, and the office recommends confirming you have all required items before you come.
Can the Salem County Surrogate come to my home?
In some cases, yes. When an executor or administrator cannot get to the courthouse, Surrogate Ostrum can complete the probate paperwork at the person's home. Ask about it when you schedule your appointment.
Can I e-file probate documents in Salem County?
No. The Salem County Surrogate has no e-filing. Executors and administrators qualify in person by appointment (or, in limited cases, at a home visit). New Jersey's Superior Court e-filing system does not handle estate cases.
Can I look up a Salem County probate case online?
No. There is no public online case portal. Records searches are handled by office staff for $10 per name using the Surrogate's Judiciary Records Request Form.
What forms do I need for probate in Salem County?
The Salem County Surrogate publishes its own Word-document fact sheets - the Probate Fact Sheet (with a will), the Administration Fact Sheet (no will), the C.T.A. and small-estate affidavit fact sheets, and the Assets & Debts worksheet. New Jersey has no statewide probate form set. Complete the applicable fact sheet before your appointment.
How much does it cost to probate a will in Salem County?
Probate of a will of not more than two pages is $100, with $5 for each additional page, and general administration is $125 (N.J.S.A. 22A:2-30, verified July 2026). Pay by check, money order, or cash; the office does not accept credit or debit cards.
When can a will be admitted to probate in Salem County?
No will is admitted until the 11th day after death (N.J.S.A. 3B:3-22). Salem counts the date of death as day one, so the executor can be appointed on day 12. You may prepare and submit the papers before then.
Do I have to travel to Salem to settle an estate there?
Usually you or the applicant will qualify in person by appointment, but the Surrogate can complete the paperwork at the applicant's home in some cases, and New Jersey's intestate small-estate affidavit paths avoid full administration. Sunset can prepare the packet and arrange online notarization to reduce trips.
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.