Trust & Estate Lawyer in Burlington County, NJ
New Jersey Trust & Estate Law
New Jersey estate law involves creating legal documents like wills and trusts to manage assets during life and after death, and administering estates through the court system. The primary statutes are 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.). While the state estate tax was repealed in 2018, New Jersey maintains an inheritance tax that applies based on the beneficiary’s relationship to the decedent.
Last verified: March 2026 | Superior Court of NJ, Burlington Vicinage | NJ Legislature
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
Official New Jersey Legal Resources
- New Jersey Statutes (official NJ Legislature) – Search the full text of NJ laws, including the Probate and Trust Codes.
- Burlington Vicinage Court Website – Official site for the Superior Court of New Jersey, Burlington Vicinage, with forms and procedural information.
Estate Procedures in Burlington County
Wills are probated through the Burlington County Surrogate’s Court located in Mount Holly. The executor must obtain Letters Testamentary to act. A key local procedural fact is that inheritance tax waivers must be obtained from the NJ Division of Taxation before many assets can be transferred, a process that can delay estate administration if not managed proactively.
- Consultation & Document Preparation: Meet with an attorney to draft or review your will, trust, power of attorney, and advance healthcare directive.
- Probate Initiation: After a death, the executor files the original will and death certificate with the Burlington County Surrogate’s Court.
- Tax Compliance: Determine if an inheritance tax return (Form IT-R) is required and file with the NJ Division of Taxation to obtain necessary waivers.
- Estate Administration: The executor inventories assets, pays debts and taxes, and manages the estate account before distributing assets to beneficiaries.
- Final Accounting & Distribution: Prepare a final accounting for the court or beneficiaries and distribute the remaining estate assets according to the will or law.
- Estate Closure: File a final tax return and receive a discharge from the Surrogate’s Court, formally closing the estate.
Estate Planning & Probate Overview
In Burlington County, estate matters involve court-supervised processes and potential tax liabilities, but not criminal penalties. Executors and trustees have a fiduciary duty under New Jersey law.
| Matter | Governing Law | Key Consideration | Potential Consequence |
|---|---|---|---|
| Intestacy (No Will) | N.J.S.A. 3B:1-1 et seq. | State law determines heirs | Assets may not go to intended parties |
| Will Contest | N.J.S.A. 3B:3-47 | Challenges to validity | Estate frozen during litigation |
| Executor/Trustee Breach | N.J.S.A. 3B:14-21 | Breach of fiduciary duty | Surcharge, removal, personal liability |
| Inheritance Tax | N.J.S.A. 54:34-1 | Tax on beneficiary | Tax due + interest/penalties |
Results may vary. Each estate situation is unique.
Our Firm’s Background
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined attorney experience to each case. We have achieved 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC. Our approach is guided by the principle: 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, requiring probate court. A trust holds assets during your lifetime and transfers them to beneficiaries without probate, offering privacy and potentially avoiding certain taxes.
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 (N.J.S.A. 54:34-1) that applies to transfers based on the beneficiary’s relationship to the decedent, with rates from 0% to 16%.
How long does probate take in Burlington County?
Probate in Burlington 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 more.
What are the executor’s fees in New Jersey?
New Jersey statute (N.J.S.A. 3B:18-14) sets executor commissions: 5% on the first $200,000 of estate value, 3.5% on the next $800,000, and 2% on amounts over $1 million. The court can adjust fees for extraordinary services.
When is a guardianship necessary in New Jersey?
A guardianship is necessary when an adult becomes incapacitated and lacks a valid power of attorney or advance directive. The process requires a filing in Superior Court to appoint a guardian to manage the individual’s personal and financial affairs.
Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across our practice areas in Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not aim for a similar outcome.
Trust & Estate Lawyer Near Burlington County
Our New Jersey location serves clients at Burlington County courts. We represent individuals and families throughout the Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton areas.
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-level hub page.
- Camden County Trust & Estate Lawyer – Serving a neighboring county.
- Burlington County Business Lawyer – Related practice area in the same locality.
- Mr. Sris Attorney Profile
Last verified: March 2026. Information updated as of 2026-02-20. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.