Trust & Estate Lawyer in Bergen County, NJ
New Jersey Trust & Estate Law
New Jersey trust and estate law is governed by the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and the New Jersey Probate Code (N.J.S.A. 3B:1-1 et seq.). These statutes establish the legal framework for creating wills and trusts, administering estates, and defining fiduciary duties. While New Jersey repealed its estate tax in 2018, the state maintains an inheritance tax that varies based on the relationship between the deceased and the beneficiary.
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 New Jersey Legal Resources
- New Jersey Statutes (official New Jersey Legislature) – Search the full text of New Jersey laws, including the Uniform Trust Code and Probate Code.
- Superior Court of New Jersey, Bergen Vicinage – Official website for the Bergen County court handling probate and estate matters.
Bergen County Estate Planning Process
Estate planning in Bergen County involves specific local procedures. Wills are probated through the Bergen County Surrogate’s Court located in Hackensack. The court appoints executors and oversees the administration process.
- Initial Consultation and Document Review: Schedule a consultation to review your existing estate documents, assets, and family situation. Discuss goals for asset distribution, guardianship, and tax planning.
- Draft and Execute Estate Planning Documents: Prepare wills, trusts, powers of attorney, and advance healthcare directives. Ensure proper execution with witnesses and notarization as required by New Jersey law.
- File Probate with Bergen County Surrogate’s Court: After a death, file the will with the Bergen County Surrogate’s Court to begin the probate process. The court appoints the executor named in the will.
- Manage Estate Administration and Tax Filings: The executor inventories assets, pays debts and taxes, and files required inheritance tax returns with the NJ Division of Taxation within 8 months.
- Distribute Assets and Close the Estate: After settling all claims and obtaining tax waivers, distribute remaining assets to beneficiaries as directed by the will or trust. File final accounting with the court to close the estate.
New Jersey Trust & Estate Penalties and Procedures
In Bergen County, trust and estate matters involve specific statutory procedures rather than criminal penalties. Will contests can freeze an estate during litigation, and breaches of fiduciary duty can result in surcharges and removal of the executor or trustee.
| Matter | Classification | Timeline | Fees/Commissions | Tax Implications |
|---|---|---|---|---|
| Probate Administration | Judicial Proceeding | 9-12 months typical | Surrogate filing fees vary | Inheritance tax may apply |
| Will Contest | Civil Litigation | 6-18 months | Court costs + attorney fees | Estate frozen during case |
| Trust Administration | Non-Judicial (typically) | Varies by complexity | Trustee fees negotiable | Income tax on trust earnings |
| Executor Service | Fiduciary Role | Duration of estate | Statutory commission: 5% first $200K | Personal liability for errors |
Results may vary. Each estate has unique factors affecting timeline and outcome.
Firm Credentials and Experience
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 trust and estate matters. We have handled estate planning, probate administration, and trust litigation matters throughout New Jersey.
Global advocacy. Local precision.
Case Results
Law Offices Of SRIS, P.C. has achieved favorable outcomes in trust and estate matters. Our firm-wide experience across VA, MD, NJ, NY, and DC includes successful estate planning, probate administration, and resolution of will contests.
Results may vary. Prior results do not aim for a similar outcome.
Bergen County Trust & Estate Lawyer Near You
Our New Jersey location serves clients at Bergen County courts. We represent individuals and families throughout the Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst 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.
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 approval. 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 or inheritance tax?
New Jersey repealed its estate tax effective 2018. However, New Jersey maintains 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 Bergen County?
Probate in Bergen 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 longer.
What happens if someone dies without a will in New Jersey?
If someone dies intestate (without a will), New Jersey’s intestacy laws determine asset distribution. A surviving spouse typically receives the entire estate if there are no children, or shares with children. The court appoints an administrator to handle the estate.
Can an executor of an estate in New Jersey be compensated?
Yes. New Jersey law provides statutory 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 will can specify different compensation terms.
Related Legal Resources
- New Jersey Estate Planning Lawyer – Our state-level hub page for New Jersey trust and estate law.
- Atlantic County Trust & Estate Lawyer – Serving clients in Atlantic County, NJ.
- Bergen County Business Lawyer – Business succession planning and entity formation in Bergen County.
- Mr. Sris Attorney Profile – Learn more about our founding attorney’s background and experience.
Last verified: March 2026. Information current as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.