Trust & Estate Lawyer in Bergen County, NJ
New Jersey Trust and Estate Law
New Jersey trust and estate law is governed by the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and the NJ Probate Code (N.J.S.A. 3B:1-1 et seq.). These statutes establish the legal framework for creating wills and trusts, appointing executors and trustees, administering estates, and resolving disputes. While New Jersey repealed its estate tax in 2018, the state maintains an inheritance tax with rates from 0% to 16% based on the beneficiary’s relationship to the deceased.
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official New Jersey Legal Resources
- N.J. Stat. § 3B:31-1 et seq. (NJ Uniform Trust Code) — Official New Jersey Legislature website.
- Superior Court of NJ, Bergen Vicinage — Official court website for Bergen County.
Bergen County Estate Procedures
Wills are probated through the Bergen County Surrogate’s Court in Hackensack. The executor or administrator must be formally appointed by the court before managing estate assets. A key step is obtaining an inheritance tax waiver from the New Jersey Division of Taxation, which is required before most assets can be transferred to beneficiaries.
- File the original will and death certificate with the Bergen County Surrogate’s Court to begin probate.
- Petition the court for formal appointment as executor (if named in will) or administrator (if no will).
- Notify all heirs and beneficiaries as required by New Jersey law and publish notice to creditors.
- Inventory all estate assets, secure property, and manage ongoing financial obligations.
- File inheritance tax returns with the NJ Division of Taxation within 8 months of death.
- Pay valid debts and taxes, then distribute remaining assets to beneficiaries per the will or intestacy laws.
Trust and Estate Consequences in New Jersey
In Bergen County, failure to properly administer an estate or fulfill fiduciary duties can result in personal liability, surcharges, removal as executor or trustee, and estate litigation that freezes asset distribution.
| Issue | Legal Classification | Potential Consequences | Financial Impact |
|---|---|---|---|
| Will Contest | Civil Litigation | Estate frozen during litigation; possible invalidation of will | Substantial legal fees; delayed distribution |
| Breach of Fiduciary Duty | Civil Action | Removal as executor/trustee; personal liability | Surcharge for losses; attorney fees |
| Late Inheritance Tax Filing | Tax Penalty | Interest and penalties on unpaid tax | 10% penalty plus interest (N.J.S.A. 54:35-10) |
| Intestacy (No Will) | Statutory Distribution | Assets distributed per NJ intestacy laws, not personal wishes | Potential unfavorable distribution to heirs |
Results may vary. Each estate matter depends on specific facts and circumstances.
Our Trust and Estate Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to trust and estate matters. We understand that proper estate planning requires not just knowledge of the law, but sensitivity to family dynamics and financial goals. Global advocacy. Local precision.
Frequently Asked Questions
What is the difference between a will and a trust in New Jersey?
A will directs asset distribution after death and names guardians for minor children, requiring probate court approval. A trust holds assets during your lifetime and can bypass probate, providing privacy and potentially faster distribution to beneficiaries.
Does New Jersey have an estate tax or inheritance tax?
New Jersey repealed its estate tax in 2018. However, New Jersey maintains an inheritance tax that applies to transfers based on the beneficiary’s relationship to the deceased, with rates from 0% to 16% (N.J. Stat. § 54:33-1 et seq.).
How long does probate take in Bergen County?
Probate in Bergen County typically takes 9 to 12 months for standard estates. Simple estates with no disputes can be faster through the Surrogate’s Court. Complex estates or will contests can extend the timeline to 18 months or longer.
What are the executor’s fees in New Jersey?
New Jersey statutory executor commissions are 5% on the first $200,000 of estate value, 3.5% on the next $800,000, and 2% on amounts over $1 million (N.J. Stat. § 3B:18-14). These fees are subject to court approval.
Can I contest a will in Bergen County?
Yes, you can contest a will in Bergen County Superior Court by filing a caveat with the Surrogate’s Court. Grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. The estate is typically frozen during litigation.
Our Track Record
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across VA, MD, NJ, NY, and DC, with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Bergen County Trust and Estate Lawyer Near You
Our New Jersey location serves clients at Bergen County courts in Hackensack, accessible via I-80, the NJ Turnpike, Route 17, and the Garden State Parkway. We are a trust and estate lawyer near Hackensack, Paramus, and throughout Bergen County.
We serve clients in Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Phone: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Related Legal Services
- New Jersey Estate Planning Lawyer — Our state hub page.
- Atlantic County Trust & Estate Lawyer — Serving nearby localities.
- Bergen County Business Lawyer — Related practice area in Bergen County.
- Mr. Sris Attorney Profile — Learn more about your attorney.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.