Trust & Estate Lawyer in Union County, NJ
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Union County, New Jersey. Estate planning under the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and probate administration require careful navigation of state laws, including the inheritance tax. Our firm, founded in 1997, offers guidance on wills, trusts, and estate administration to protect your family’s future.
In Union County, wills are probated through the Surrogate’s Court, and executors must obtain inheritance tax waivers from the NJ Division of Taxation. The process typically takes 9-12 months for standard estates.
New Jersey Trust and Estate Law
New Jersey’s estate planning and probate framework is governed by the New Jersey Probate Code (N.J.S.A. 3B:1-1 et seq.) and the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.). While the state estate tax was repealed in 2018, New Jersey maintains an inheritance tax that applies to transfers based on the beneficiary’s relationship to the decedent. Proper planning can help manage these obligations and ensure your wishes are carried out efficiently.
Last verified: March 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
Official Legal Resources
- New Jersey Statutes (official NJ Legislature) – Search the full text of state laws, including the Probate and Trust Codes.
- Superior Court of New Jersey, Union Vicinage – Official court website for probate and estate matters in Union County.
Estate Administration in Union County
The Union County Surrogate’s Court handles the probate of wills and the appointment of executors or administrators. A key local procedural fact is that the inheritance tax waiver process must be initiated early, as it can delay asset distribution.
Steps for Estate Administration
- File the original will and death certificate with the Union County Surrogate’s Court to open the estate and appoint the fiduciary.
- Notify all heirs and known creditors as required by New Jersey law, publishing notice if necessary.
- Inventory all estate assets, including real estate, bank accounts, and personal property located in Union County and elsewhere.
- Determine inheritance tax liability and file Form IT-R with the NJ Division of Taxation within 8 months if required.
- Pay valid debts, administrative expenses, and any taxes owed by the estate.
- Prepare a final accounting and distribute the remaining assets to the beneficiaries according to the will or intestacy laws.
Potential Outcomes and Considerations
In Union County, estate administration involves statutory timelines, fiduciary duties, and potential tax consequences rather than traditional penalties. Executor commissions are set by statute, and breaches of duty can lead to surcharges.
| Matter | Governing Law | Key Consideration | Timeline |
|---|---|---|---|
| Probate | N.J.S.A. 3B:1-1 et seq. | Court-supervised process | 9-12 months typical |
| Inheritance Tax | N.J.S.A. 54:33-1 et seq. | Tax rates 0-16% based on relationship | Return due 8 months after death |
| Executor Commission | N.J.S.A. 3B:18-1 et seq. | Statutory fee: 5% first $200K, 3.5% next $800K, 2% over $1M | Paid upon estate settlement |
| Will Contest | N.J.S.A. 3B:3-1 et seq. | Estate frozen during litigation | 6-18 months or longer |
Results may vary. Each estate presents unique facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and a documented history of case results, our firm brings a depth of knowledge to complex trust and estate matters. We serve clients throughout New Jersey with a focus on practical, client-centered solutions.
Frequently Asked Questions
What is the difference between a will and a trust in New Jersey?
A will directs asset distribution after death and requires probate court. A trust holds assets during your lifetime and can bypass probate, offering privacy and potentially faster distribution to beneficiaries.
Does New Jersey have an estate tax?
No. New Jersey repealed its state estate tax effective January 1, 2018. However, New Jersey still has an inheritance tax that applies to certain beneficiaries based on their relationship to the deceased.
How long does probate take in Union County?
Probate typically takes 9 to 12 months in Union County for standard estates. Simple estates with no disputes can be faster through the Surrogate’s Court. Complex estates or will contests can take 6 to 18 months or longer.
What happens if someone dies without a will in New Jersey?
They die intestate. New Jersey’s intestacy laws (N.J.S.A. 3B:1-1 et seq.) determine asset distribution, typically to the closest relatives. A court-appointed administrator, not an executor, handles the estate, which can be a slower and more public process.
Who needs to file an inheritance tax return in NJ?
Estates where assets pass to beneficiaries who are not Class A exempt beneficiaries (like siblings, nieces, nephews, friends, or charities) must file a New Jersey Inheritance Tax Return (Form IT-R) and pay any tax due within 8 months of death.
Local Estate Planning Services
Our New Jersey location serves clients at Union County courts. We are accessible via NJ Turnpike, Garden State Parkway, Route 22, and I-78. As a trust and estate lawyer near Elizabeth and the Union County Courthouse, we represent individuals and families throughout the region.
We serve communities including Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
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.
- Bergen County Trust & Estate Lawyer – Serving a nearby county.
- Union County Business Lawyer – Related practice area in the same locality.
- Learn more about Mr. Sris – Attorney profile.
Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your specific situation.