Trust & Estate Lawyer in Bergen County, NJ
New Jersey Trust & Estate Law
New Jersey trust and estate law involves creating wills and trusts to manage asset distribution, handling the probate process through the Surrogate’s Court, and addressing fiduciary duties and potential litigation. The state repealed its estate tax in 2018 but maintains an inheritance tax with rates from 0% to 16% based on the beneficiary’s relationship to the deceased.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
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
Official Legal Resources
For the official statutes, refer to the New Jersey Statutes Annotated (N.J.S.A.) Title 3B (Probate and Administration). For court procedures, visit the Bergen Vicinage website.
Bergen County Estate Procedures
In Bergen County, wills are probated through the Surrogate’s Court located in Hackensack. The executor or administrator is formally appointed by the court, and an inheritance tax waiver must be obtained from the NJ Division of Taxation before many assets can be transferred.
- Initial Consultation and Document Review: Gather all estate planning documents, asset lists, and beneficiary information for review with your attorney.
- File with Surrogate’s Court: Submit the will (if any) and petition for probate or administration to the Bergen County Surrogate’s Court in Hackensack.
- Obtain Inheritance Tax Waiver: File Form IT-R with the New Jersey Division of Taxation to obtain a waiver for assets subject to inheritance tax.
- Administer the Estate: Inventory assets, pay valid debts and taxes, and manage estate property during the administration period.
- Final Distribution and Accounting: Prepare a final accounting for court approval and distribute remaining assets to beneficiaries as directed by the will or intestacy laws.
Trust & Estate Considerations in New Jersey
In Bergen County, trust and estate matters involve statutory executor commissions, a 0-16% inheritance tax based on beneficiary class, and potential for lengthy litigation in will contests.
| Matter | Classification / Standard | Timeline / Key Detail | Financial Impact |
|---|---|---|---|
| Probate (No Will) | Intestate Administration | 9-12 months typical | Executor commission: 5% first $200K, 3.5% next $800K, 2% over $1M |
| Probate (With Will) | Testate Administration | 6-12 months typical | Same statutory commissions apply |
| Inheritance Tax | Tax on beneficiary | Due 8 months after death | 0% (Class A) to 16% (Class C/D) |
| Will Contest | Chancery Division Litigation | 6-18+ months | Estate frozen during litigation; attorney fees apply |
| Breach of Fiduciary Duty | Surcharge & Removal Action | Varies | Personal liability for executor/trustee |
Results may vary. Each estate and trust matter depends on unique facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined attorney experience to trust and estate matters. Our tagline, “Global advocacy. Local precision,” reflects our approach to serving Bergen County clients with focused, knowledgeable representation.
Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington DC.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in Bergen County
Our New Jersey location serves clients at Bergen County courts. We are accessible via I-80, the NJ Turnpike, Route 17, and the George Washington Bridge. As a trust and estate lawyer near Hackensack, Paramus, and Teaneck, we serve communities throughout Bergen County including 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.
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 supervision. 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?
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, with rates from 0% to 16%.
How long does probate take in Bergen County?
Typically 9 to 12 months for a standard estate through the Bergen County Surrogate’s Court. Simple estates with no disputes can be faster, while contested estates or those with complex assets may 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 to surviving spouses, children, and other relatives. The court appoints an administrator, and the process often takes longer and costs more than probate with a will.
Can an executor be removed in New Jersey?
Yes. Under N.J.S.A. 3B:14-21, a court can remove an executor for breach of fiduciary duty, waste of estate assets, incapacity, or conflict of interest. The process requires filing a formal complaint in the Superior Court, Chancery Division, Probate Part.
Related Legal Services
For more information, see our New Jersey Estate Lawyer hub page. We also serve neighboring counties including Atlantic County and Burlington County. In Bergen County, we handle related matters such as business law and civil litigation. Learn more about Mr. Sris or visit our New Jersey location page.
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.