Trust & Estate Lawyer in Union County, NJ — What Happens If You Die Without a Will?
New Jersey Trust & Estate Laws
New Jersey estate planning 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 define how wills are executed, trusts are created and administered, and estates are probated. While New Jersey repealed its estate tax in 2018, the state maintains an inheritance tax with rates from 0% to 16% based on the beneficiary’s relationship to the deceased.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, Union 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 Title 3B for probate and trust laws.
- Superior Court of NJ, Union Vicinage – Official court website for probate and estate matters in Union County.
Estate Administration Process in Union County
Probate in Union County begins at the Surrogate’s Court in Elizabeth. The court validates the will and appoints the executor. If there is no will, the court appoints an administrator. The process includes inventorying assets, paying debts and taxes, and distributing property to heirs.
- File the Will and Petition: Submit the original will and a petition for probate to the Union County Surrogate’s Court.
- Obtain Letters Testamentary: The court issues formal letters granting the executor legal authority to act.
- Notify Creditors and Beneficiaries: Publish a notice to creditors and provide direct notice to known heirs.
- Address Tax Obligations: File any required New Jersey inheritance tax returns (Form IT-R) with the Division of Taxation.
- Manage and Distribute Assets: Pay valid claims, then distribute the remaining estate to the beneficiaries.
- Close the Estate: File a final accounting with the court and obtain a discharge to conclude the administration.
Potential Outcomes in Estate Matters
In Union County, estate administration carries specific statutory timelines and fiduciary responsibilities. Executor commissions are set by law, and disputes can freeze asset distribution.
| Matter | Legal Standard | Timeline | Financial Impact |
|---|---|---|---|
| Probate (No Will) | Intestate Succession (N.J.S.A. 3B:5-3) | 9-12+ months | Court costs, administrator fees |
| Probate (With Will) | Testate Administration | 6-12 months | Court costs, executor commission (5% first $200K) |
| Will Contest | Chancery Division Litigation | 6-18+ months | Estate frozen; legal fees |
| Inheritance Tax | NJ Division of Taxation | Due 8 months after death | 0-16% of taxable transfer |
| Breach of Fiduciary Duty | Surcharge & Removal | Varies | Personal liability for executor/trustee |
Results may vary. Each estate matter depends on its specific facts, assets, and potential disputes.
Our Experience in Trust & Estate Law
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 estate planning and administration matters. We focus on clear communication and a direct approach to help clients in Union County with wills, trusts, and probate.
Our Approach to Estate Matters
Our firm-wide experience across multiple states informs our approach to New Jersey estate law. We focus on preparing thorough estate plans to avoid future disputes and guiding executors and administrators through the probate process efficiently.
Results may vary. Prior results do not aim for a similar outcome in your matter.
Trust & Estate Lawyer Near Union County, NJ
Our New Jersey location serves clients at the Union County courts in Elizabeth. We represent individuals and families throughout the area, 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 — By appointment only
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Phone: (888) 437-7747 | Local: (609)-983-0003
Frequently Asked Questions
What happens if you die without a will in New Jersey?
Your estate is distributed according to NJ intestacy laws (N.J.S.A. 3B:5-3). A spouse receives the first 25% of the estate (minimum $50,000) plus a share of the remainder. Children, parents, or other relatives may inherit the rest. The court appoints an administrator, which can delay probate.
How long does probate take in Union County, NJ?
Typically 9-12 months for a standard estate in Union County. Simple estates with no disputes can be faster through the Surrogate’s Court. Complex estates or will contests can take 6-18 months or longer, depending on court schedules and litigation.
Does New Jersey have an estate tax or inheritance tax?
NJ repealed its estate tax in 2018. However, New Jersey has an inheritance tax (N.J.S.A. 54:33-1) that applies to transfers to certain beneficiaries. Rates range from 0% for Class A beneficiaries (spouse, children, parents) to 16% for others. The tax is due 8 months after death.
What is the executor’s commission in New Jersey?
Statutory commission rates are set by N.J.S.A. 3B:18-14. The executor receives 5% on the first $200,000 of estate assets, 3.5% on the next $800,000, and 2% on amounts over $1 million. The court can adjust this fee based on the complexity of the administration.
Can a will be contested in Union County Superior Court?
Yes. Grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. A contest freezes estate distributions during litigation. These cases are heard in the Chancery Division, Probate Part, of the Superior Court in Elizabeth.
Related Legal Services
- New Jersey Estate Lawyer – Our state-level hub page for estate planning and probate in NJ.
- Bergen County Estate Lawyer – Representation for estate matters in neighboring Bergen County.
- Union County Business Lawyer – Legal services for business succession planning and entity formation.
- Mr. Sris Attorney Profile – Learn more about our founding attorney.
Last verified: March 2026. Laws and procedures can change. For current guidance on your specific estate planning or administration matter in Union County, contact Law Offices Of SRIS, P.C. at (888) 437-7747.