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Union County, NJ Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | Union County Surrogate's Court (uncontested probate and administration) |
| Current Surrogate | Christopher Hudak, Esq., an elected constitutional officer; sworn in December 2022 and serving a five-year term that began January 1, 2023 |
| Courthouse address | Union County Courthouse, 2 Broad Street, Old Annex, Second Floor, Elizabeth, NJ 07207 |
| Second office | Colleen Fraser Building, 300 North Avenue East, Westfield, NJ 07090 (Mondays, Wednesdays, and Fridays, by appointment only) |
| Mailing address | Office of the Union County Surrogate, 2 Broad Street, Elizabeth, NJ 07207 |
| Phone | (908) 527-4280 |
| Fax | (908) 351-9212 |
| [email protected] | |
| Hours | Elizabeth: Monday to Friday, 8:30 a.m. to 4:00 p.m. (appointment-based; walk-ins accepted during regular hours); Westfield: Mondays, Wednesdays, and Fridays by appointment only. Closed weekends and county holidays |
| Filing fee | $100 to probate a will of two pages or less, plus $5 per additional page (N.J.S.A. 22A:2-30); $135 for intestate administration on the Union Surrogate's published fee schedule (the statewide base fee under N.J.S.A. 22A:2-30 is $125) |
| Local forms | Yes. The Surrogate publishes its own Information Sheet and Asset Sheet; New Jersey has no statewide probate form set |
| E-filing | Required for attorneys, and all out-of-state applications must e-file, through County Business Systems, Inc. (efile.cbs-nj.com). Self-represented Union County residents qualify in person by appointment. JEDS, the Superior Court system, does not handle estate cases |
| Case search | No public online Surrogate case portal; the office charges a $10 search fee per estate |
| 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, Union vicinage, at the Union County Courthouse, 2 Broad Street, Elizabeth |
| Website | https://ucnj.org/surrogate/ |
Before you begin — know the assets and liabilities
The most common Union 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 until a waiver clears (N.J.A.C. 18:26-11.16). Executors who plan 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 Union County real estate, along with every debt, and identify each beneficiary by name and inheritance-tax class. The Surrogate's Information Sheet asks for all of this, and administration also requires a completed Asset Sheet, so arriving with a full picture avoids a second appointment. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Union County Surrogate's Court serves the entire county from two offices: the main office in the Union County Courthouse in Elizabeth and a satellite office in the Colleen Fraser Building in Westfield. Together they cover Elizabeth, Plainfield, Union, Linden, Rahway, Cranford, Westfield, Scotch Plains, Summit, Roselle, Hillside, Clark, Berkeley Heights, New Providence, and the county's other municipalities. 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 Union 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 Union vicinage, at the Union County Courthouse, 2 Broad Street, Elizabeth. 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). For intestate administration, the Union Surrogate enters judgment once 120 hours (5 days) have elapsed since the death. You may prepare papers sooner in either case.
- Gather what the Surrogate requires: the original will and any original codicils, a certified death certificate with a raised seal, the executor's or administrator's photo ID, and the full names and latest addresses of the next of kin and will beneficiaries. For administration there is no will, so also bring a detailed list of the decedent's assets and the obituary.
- Complete the Union County Information Sheet (the combined intake worksheet for will and administration matters), and the Asset Sheet for any administration. These are downloadable on the Surrogate's Forms and Fees page.
- Schedule an appointment. Union runs an appointment-based system at both the Elizabeth and Westfield offices; call (908) 527-4280, email [email protected], or book online. The Elizabeth office accepts walk-ins during regular hours, but booking ahead is recommended. Attorneys and all out-of-state applicants must e-file through County Business Systems, Inc. (efile.cbs-nj.com) rather than appear in person.
- Qualify at your appointment: sign the complaint and take the oath, and pay the fee by cash, check, or money order. Probate of a will of two pages or less is $100 (N.J.S.A. 22A:2-30), and the Union Surrogate's published fee for administration is $135. If you are serving as administrator of an intestate estate, a surety bond may be required based on the estate's assets before appointment is granted (N.J.S.A. 3B:15-1), unless the will waives bond or a statutory exception applies.
- Order short certificates and pay the fees. The Surrogate keeps the original will and other original documents and returns certified copies; you will need one short certificate for each asset held in the decedent's name.
- 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 Union exactly as described on the New Jersey page. These are the local additions specific to qualifying at the Union Surrogate:
| Union-specific duty | Timing |
|---|---|
| Book an appointment (Elizabeth or Westfield) or, if an attorney or an out-of-state applicant, e-file through County Business Systems, Inc. | Before intake; the Elizabeth office accepts walk-ins during regular hours, but the county lists both offices as appointment-based |
| Bring the original will and codicils, a certified death certificate with a raised seal, and photo ID | At intake; the Surrogate keeps the originals and returns certified copies |
| Complete the Information Sheet, plus the Asset Sheet and the obituary for an administration | Before the appointment; administration cannot proceed without the Asset Sheet and obituary |
| Post a surety bond when serving as administrator (intestate) | Bond amount is set on the estate's assets and is due before appointment, unless the will waives bond or a statutory exception applies |
| Order one short certificate for each asset held in the decedent's name | At intake; the office issues them the same appointment (institutions typically want one dated within a set period) |
Forms and documents
Probate forms in Union County
New Jersey has no statewide probate form set. Each county Surrogate publishes its own intake documents, and Union hosts its forms on the Forms and Fees page at ucnj.org/surrogate. Union uses a single combined Information Sheet for both will and administration matters rather than separate will and administration fact sheets. Qualifying at the Union Surrogate requires the original will and codicils, 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 fee by cash, check, or money order, and the oath taken at the appointment; short certificates are issued the same visit. The principal Union documents:
| Form or category | What it does |
|---|---|
| Information Sheet | The combined intake worksheet the Surrogate uses to prepare probate or administration paperwork; records decedent, executor or administrator, next of kin, beneficiary, and trust information and the number of certificates needed. |
| Asset Sheet | Required with every administration (no will); lists the assets standing in the decedent's name so the Surrogate can set any surety bond. |
| Proof of Mailing | R. 4:80-6 requirement: filed with the Surrogate within 10 days after the Notice of Probate is mailed to beneficiaries and heirs. |
| Renunciation / Consent | Notarized form used when a person entitled to serve or to a share declines or defers to another. |
| 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). |
Fees
The probate fee follows the statewide schedule under N.J.S.A. 22A:2-30. The amounts below are what the Union Surrogate publishes on its Forms and Fees page (verified July 2026); note that the published administration fee is $135, above the $125 statewide base in N.J.S.A. 22A:2-30. Confirm any specific fee with the office at (908) 527-4280:
| Item | Amount |
|---|---|
| Probate of a will (two pages or less) | $100 |
| Each additional will page | $5 |
| Administration (letters of administration) | $135 |
| Administration with the will annexed (CTA) | $100 |
| Administration ad prosequendum | $50 |
| Consent or renunciation | $5 |
| Exemplified copy for use in another state | $84 |
| Records search | $10 per estate |
| Service of process | $25 |
| Short certificate | $5 each; update within one year, $3 |
| Refunding Bond and Release (up to two pages) | $10 |
Local nuance
Union County-specific considerations
Two offices, appointment-based intake. Union runs an appointment-based system. The main office is in the Union County Courthouse in Elizabeth (Monday to Friday), and a second office in the Colleen Fraser Building in Westfield opened in 2024 and takes appointments on Mondays, Wednesdays, and Fridays. Book by phone at (908) 527-4280, by email at [email protected], or online; the Elizabeth office accepts walk-ins during regular hours.
Attorneys and out-of-state applicants must e-file. Union requires attorneys to e-file, and all out-of-state applications must e-file, through County Business Systems, Inc. at efile.cbs-nj.com. This county eProbate system is separate from the Superior Court's JEDS, which does not handle estate cases. Self-represented Union County residents qualify in person by appointment.
The original will and documents stay with the Surrogate. Union keeps the original will, codicils, and other original documents after probate and returns certified copies. Bring your own copy for reference, and order one short certificate for each asset held in the decedent's name.
Administration needs an Asset Sheet and an obituary. For an intestate administration, the Surrogate requires a completed Asset Sheet listing the decedent's assets and a copy of the obituary, in addition to the certified death certificate and next-of-kin information.
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 Union estates.
Union real estate needs a recorded tax waiver. Before Union County real estate can be conveyed, a Class A L-9 waiver (or an O-1 for other classes) must be recorded with the Union County Register of Deeds and Mortgages. The Surrogate does not issue tax waivers; they come from the New Jersey Division of Taxation.
Recent updates
| Date | Change | Source |
|---|---|---|
| January 2023 | Christopher Hudak, Esq., began a five-year term as Union County Surrogate after being sworn in in December 2022, succeeding James S. LaCorte. | ucnj.org press release, Dec. 1, 2022 |
| January 2024 | The Union County Surrogate opened a second office in the Colleen Fraser Building in Westfield for probate and administration services. | ucnj.org press release, Jan. 24, 2024 |
| June 2024 | The Westfield office expanded to appointments on Mondays, Wednesdays, and Fridays effective June 3, 2024. | Union County Surrogate announcement, June 2024 |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Union County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | An Elizabeth, Westfield, or Cranford 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 Union County Register. |
| Out-of-state adult child, small estate | If the parent died intestate and the estate fits New Jersey's affidavit-in-lieu path (statewide thresholds apply; see the New Jersey state page), the child can file the intestate small-estate affidavit at the Union Surrogate and then hold administrator powers without full administration. Because Union requires all out-of-state applications to e-file through County Business Systems, Inc., the child files online rather than traveling to Elizabeth. If the parent left a will, even a small estate must go through full probate at the Surrogate. | Asset discovery to confirm intestacy and that the estate fits the cap. Packet generation for the affidavit and Asset Sheet. Coordination when e-filing or a trip to Elizabeth cannot be avoided. |
| Parent settling a predeceased child's estate, home must be sold | Full intestate administration at the Union Surrogate, $135 filing fee on the county's published schedule. The parent qualifies as administrator, posts any surety bond the Surrogate sets on the assets, and orders short certificates. A parent inheriting from a child is a Class A beneficiary and owes no New Jersey inheritance tax, but the Union home still needs a tax waiver before the deed transfers: an L-9 when no return is required, recorded with the Union County Register, 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, Asset Sheet, and bond. Waiver tracking before the home sale. |
Self-help resources
| Resource | What it offers |
|---|---|
| Union County Surrogate's Court (ucnj.org/surrogate) | The Information Sheet and Asset Sheet, the fee schedule, online appointment booking, FAQs, a glossary, and webinars for probate, administration, and guardianship |
| 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, Union vicinage (njcourts.gov/courts/vicinages/union) | Superior Court and Chancery Division information for contested matters at the Union County Courthouse in Elizabeth |
| Union County Bar Association (unioncountybar.org) | 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 Union 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 Union 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 Union property. For uncontested, Class A-only probate at the counter, the intestate affidavit-in-lieu paths, and straightforward administrations, most Union families complete the Surrogate intake without an attorney. Sunset can connect families to a vetted Union 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 Union County public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, Union real estate, business interests, and unclaimed property, and flags beneficiary classes early to anticipate inheritance-tax exposure during estate settlement, so the Surrogate's Information Sheet and Asset Sheet are complete before you qualify.
Generate the probate packet. Sunset assembles the Union Surrogate intake packet: the Information Sheet and Asset Sheet, 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 Union real-estate sale, Sunset connects families to a vetted Union 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 Union County, New Jersey?
At the Union County Surrogate's Court in the Union County Courthouse, 2 Broad Street, Old Annex, Second Floor, Elizabeth, NJ 07207, phone (908) 527-4280. A second office in the Colleen Fraser Building at 300 North Avenue East, Westfield, takes appointments on Mondays, Wednesdays, and Fridays.
Do I need an appointment at the Union County Surrogate?
Union runs an appointment-based system at both offices. Book by phone at (908) 527-4280, by email at [email protected], or online. The Elizabeth office accepts walk-ins during regular hours; the Westfield office is by appointment only, so booking ahead is the safer plan at either location.
What are the Union County Surrogate's hours?
The Elizabeth office is open Monday to Friday, 8:30 a.m. to 4:00 p.m. The Westfield office takes appointments on Mondays, Wednesdays, and Fridays. Both are closed on weekends and county holidays.
Does Union County offer e-filing for probate?
Yes, for some filers. Attorneys must e-file, and all out-of-state applications must e-file, through County Business Systems, Inc. at efile.cbs-nj.com. Self-represented Union County residents qualify in person by appointment. New Jersey's JEDS system serves Superior Court matters and cannot be used for estate cases.
What do I bring to qualify at the Union Surrogate?
The original will and any codicils, a certified death certificate with a raised seal, the executor's or administrator's photo ID, the full names and latest addresses of the next of kin and beneficiaries, and the fee by cash, check, or money order. For an administration, also bring a detailed Asset Sheet and the obituary.
Does the Union Surrogate keep my will?
Yes. The Surrogate keeps the original will, codicils, and other original documents after probate and returns certified copies for use with banks and other institutions. Order one short certificate for each asset held in the decedent's name.
How much does probate cost at the Union Surrogate?
$100 to probate a will of two pages or less, plus $5 per additional page (N.J.S.A. 22A:2-30); the Union Surrogate's published fee for intestate administration is $135. Union also charges local service fees, such as $10 for a records search per estate and $84 for an exemplified copy for another state. Pay by cash, check, or money order.
Where do contested Union County probate matters go?
To the Superior Court of New Jersey, Chancery Division, Probate Part, in the Union vicinage, at the Union County Courthouse, 2 Broad Street, Elizabeth. A caveat filed at the Surrogate's office routes the matter there, where counsel is effectively required.
Can I look up a Union County probate case online?
There is no public online Surrogate case portal. Record searches are handled by office staff for $10 per estate. Contested matters that move to Superior Court follow the Judiciary's separate systems.
Does the Union 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.