HOW TO PROBATE A WILL IN THE
HOW TO PROBATE A LAST WILL &
TESTAMENT IN THE
BERGEN COUNTY SURROGATE¡¯S COURT
Michael R. Dressler
Bergen County Surrogate
Table of Contents
Probate ................................................................................. 4
Last Will & Testament ................................................. 6
Requirements ................................................................ 7
General Considerations ................................................ 7
The Need for a Last Will & Testament ........................ 10
Assets Passing Under a Last Will
& Testament .............................................................. 17
Settling the Estate ......................................................... 18
Tax Planning ........................................................................ 20
Federal Estate Tax ........................................................ 21
New Jersey Estate Tax.................................................. 24
New Jersey Inheritance Tax ......................................... 25
Lifetime Planning ................................................................ 30
Power of Attorney ........................................................ 30
Advance Directives for Health Care ............................. 33
Satellite Offices ................................................................... 36
Outreach .............................................................................. 37
About the Surrogate¡¯s Court ................................................ 38
Digital Assets....................................................................... 41
Frequently Asked Questions ................................................ 45
Contacting the Surrogate ..................................................... 53
i
Special thanks to the Bergen County Bar
Association and the Elder Law Committee for
their invaluable assistance in the preparation of
this booklet.
ii
Michael R. Dressler, Esq.
Bergen County Surrogate
It is my privilege and pleasure to address
you as Judge of the Surrogate¡¯s Court of Bergen
County. The many duties of the Surrogate¡¯s Court
include probating a decedent¡¯s Last Will &
Testament, appointing estate administrators,
supervising the appointment of guardians and
administering adoptions.
1
This booklet offers an introductory and
general overview of issues I believe are important to
you and your family, including the importance of
having a Last Will & Testament, the probate
process, powers of attorney, advance directives for
health care (living wills) and health care proxies
(medical powers of attorney).
The principle governing my staff and me is
that during periods of grief and family uncertainty
the Surrogate¡¯s Court is available to listen, help and
guide. If you have questions regarding any topic
referred to in this booklet or involving the
Surrogate¡¯s Court, please contact my office. The
Surrogate¡¯s Court is located on the Fifth Floor of
Two Bergen County Plaza, Suite 5000 in
Hackensack, NJ 07601. The telephone number is
(201) 336-6700.
We are here to serve you.
Sincerely,
Michael R. Dressler
Surrogate of Bergen County
2
HOW TO PROBATE A LAST WILL &
TESTAMENT IN THE
BERGEN COUNTY SURROGATE¡¯S COURT
Introduction
Probate is often assumed to be a
complicated and expensive process that must be
avoided. It is not. In New Jersey, and particularly in
Bergen County, probate is relatively simple and
inexpensive. In Bergen County, an individual can
probate a decedent¡¯s Last Will & Testament in the
Surrogate¡¯s Court, with or without the assistance of
a lawyer, in usually under an hour. You need not
make an appointment; just appear between 8:30
a.m. and 4:30 p.m. on any business day with certain
information and documents, as described hereafter.
The Surrogate¡¯s Court will work with you in
completing the probate process. The cost is
generally $100 to $200.
3
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