Trust & Estate Lawyer in Hudson County, NJ
New Jersey Trust & Estate Law
New Jersey estate law is governed by the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and the NJ Probate Code (3B:1-1 et seq.). While the state estate tax was repealed in 2018, New Jersey maintains an inheritance tax with rates from 0% to 16% based on the beneficiary’s relationship to the deceased. Proper estate planning can help manage these liabilities and ensure your wishes are carried out.
Last verified: March 2026 | Superior Court of NJ, Hudson Vicinage | New Jersey 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 New Jersey laws, including the Probate and Trust Codes.
- Superior Court of New Jersey, Hudson Vicinage – Official website for the Hudson County court handling probate and estate matters.
Hudson County Estate Procedures
In Hudson County, wills are probated through the Surrogate’s Court located in Jersey City. The court appoints the executor or administrator who then must obtain an inheritance tax waiver from the New Jersey Division of Taxation before distributing most assets. Trust administration follows the procedures outlined in the NJ Uniform Trust Code.
Steps in a Hudson County Probate Case
- File the Will and Petition: Submit the original will and a petition for probate to the Hudson County Surrogate’s Court to officially appoint the executor.
- Notify Heirs and Beneficiaries: Provide formal legal notice to all heirs, beneficiaries, and creditors as required by New Jersey law.
- Inventory Estate Assets: The executor must identify, value, and secure all estate assets, including real property, bank accounts, and investments.
- Address Tax Requirements: File any necessary federal estate tax returns and New Jersey inheritance tax returns (Form IT-R) with the Division of Taxation.
- Pay Debts and Expenses: Use estate funds to pay valid creditor claims, administrative expenses, and taxes.
- Distribute Remaining Assets: After court approval of the final accounting, distribute the remaining assets to the named beneficiaries.
Trust & Estate Considerations in New Jersey
In Hudson County, estate administration involves statutory executor fees, potential inheritance tax liabilities, and court-supervised probate timelines.
| Matter | Governing Law | Timeline | Key Consideration |
|---|---|---|---|
| Probate Administration | NJ Probate Code (3B:1-1) | 9-12 months | Surrogate’s Court oversight |
| Executor Commission | N.J.S.A. 3B:18-14 | Upon completion | 5% on first $200K, 3.5% on next $800K, 2% over $1M |
| Inheritance Tax | N.J.S.A. 54:33-1 | Due 8 months after death | 0-16% rate based on relationship |
| Will Contest | N.J.S.A. 3B:3-47 | 6-18+ months | Estate frozen during litigation |
Results may vary. Each estate matter depends on its unique facts and circumstances.
Our Trust & Estate Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience, our firm has handled 4,739+ cases with a 93%+ favorable outcome rate. We bring this extensive background to every Hudson County estate planning and administration matter we handle.
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. 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 transfers based on the beneficiary’s relationship to the deceased, with rates from 0% to 16%.
How long does probate take in Hudson County?
Probate typically takes 9 to 12 months in Hudson County for standard estates. Simple estates with no disputes can be faster through the Surrogate’s Court. Contested wills or complex estates can extend the timeline to 18 months or more.
What are the executor’s fees in New Jersey?
New Jersey sets statutory executor commissions. The fee is 5% on the first $200,000 of estate value, 3.5% on the next $800,000, and 2% on amounts over $1 million. Executors can also petition the court for additional compensation for extraordinary services.
When is the New Jersey inheritance tax due?
The New Jersey inheritance tax return and payment are due eight months after the date of death. A waiver from the New Jersey Division of Taxation is often required before assets can be transferred to beneficiaries subject to the tax.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ favorable case results firm-wide across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not aim for a similar outcome.
Hudson County Trust & Estate Lawyer Near You
Our New Jersey location serves clients at Hudson County courts. We represent individuals and families throughout Jersey City, Hoboken, North Bergen, Union City, West New York, Secaucus, Bayonne, Kearny, Harrison, Weehawken, and Guttenberg.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Phone: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
Related Legal Resources
- New Jersey Estate Lawyer – Our statewide hub page for New Jersey trust and estate law.
- Bergen County Estate Lawyer – Trust and estate representation in neighboring Bergen County.
- Hudson County Business Lawyer – Business succession planning and entity formation services in Hudson County.
- Mr. Sris Attorney Profile – Learn more about our founding attorney’s background and experience.
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.