Trust & Estate Lawyer in Bergen County, NJ
New Jersey Trust and Estate Law
New Jersey trust and estate law is governed by state statutes, including the NJ Uniform Trust Code and the NJ Probate Code. These laws establish the rules for creating wills and trusts, appointing executors and trustees, administering estates, and resolving disputes among beneficiaries.
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of New Jersey’s trust and estate laws, refer to these official government resources:
- New Jersey Statutes (official New Jersey Legislature) – Search for Title 3B (Administration of Estates—Decedents and Others).
- Bergen County Vicinage Court Website – Information on Surrogate’s Court procedures, forms, and filing fees.
Estate Administration Process in Bergen County
Administering an estate in Bergen County involves specific local procedures. The Surrogate’s Court in Hackensack handles the probate of wills and the appointment of executors.
- File the original will and a petition for probate with the Bergen County Surrogate’s Court.
- The court appoints the executor and issues “Letters Testamentary” granting authority.
- The executor must notify all heirs and publish a notice to creditors.
- Identify, inventory, and secure all estate assets (bank accounts, real estate, investments).
- Pay valid debts, file final tax returns, and determine NJ inheritance tax liability.
- Distribute remaining assets to beneficiaries and file a final accounting to close the estate.
Fees, Timelines, and Potential Outcomes
In Bergen County, trust and estate matters involve statutory executor fees, potential inheritance tax, and probate timelines of 9-12 months or longer for contested estates.
| Matter | Governing Law | Typical Timeline | Key Financial Consideration |
|---|---|---|---|
| Probate (Uncontested) | NJ Probate Code § 3B:1-1 | 9-12 months | Executor commission: 5% first $200K |
| Will Contest | NJ Probate Code § 3B:3-1 | 6-18 months+ | Estate frozen during litigation |
| Trust Administration | NJ Uniform Trust Code § 3B:31-1 | Varies | Avoids probate; trustee fees apply |
| Inheritance Tax | NJ Inheritance Tax Act | Return due 8 months | Tax rates: 0-16% based on relationship |
| Guardianship | NJ Guardianship Statute § 3B:12-1 | 2-4 months | Court-supervised; annual reporting |
Results may vary. The information above is based on New Jersey statutes and typical Bergen County procedures. Each case is unique.
Firm Credentials and Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm brings over 120 years of combined legal experience to trust and estate matters in New Jersey. Our approach is based on a detailed understanding of New Jersey’s probate and trust laws.
Our Approach to Trust and Estate Law
We provide full representation for New Jersey estate matters. Our process begins with a detailed review of your assets and family situation to recommend a suitable plan—whether a simple will, a revocable living trust, or more complex strategies involving irrevocable trusts. For executors and administrators, we guide you through every step of the probate process, from the initial filing in Hackensack to the final distribution of assets.
Results may vary. Prior results do not aim for a similar outcome.
Serving Bergen County, NJ
Our New Jersey location represents clients at Bergen County courts in Hackensack. We serve individuals and families throughout the area, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
Trust & Estate lawyer near Bergen County – accessible via I-80, the NJ Turnpike, Route 17, and the George Washington Bridge.
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 is the difference between a will and a trust in New Jersey?
A will directs asset distribution after death and requires probate court approval. A trust holds assets during your lifetime and can bypass probate, providing privacy and potentially faster distribution to beneficiaries under the NJ Uniform Trust Code.
Does New Jersey have an estate tax or inheritance tax?
New Jersey repealed its state estate tax in 2018. However, New Jersey maintains an inheritance tax that applies to assets left to certain beneficiaries, like siblings, nieces/nephews, and non-relatives, with rates from 11% 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 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 the estate, 3.5% on the next $800,000, and 2% on amounts over $1 million. The court can adjust fees for extraordinary services.
When is a guardianship necessary in New Jersey?
A guardianship is necessary when an adult becomes incapacitated and cannot manage their own affairs or make healthcare decisions. A family member must petition the Superior Court to be appointed guardian, which involves a medical examination and court hearing.
Related Legal Resources
State Hub: New Jersey Estate Planning Lawyer
Nearby Localities: Atlantic County Estate Lawyer, Burlington County Estate Lawyer
Other Practice Areas in Bergen County: Bergen County Business Lawyer, Bergen County Civil Litigation Lawyer
Attorney Profile: Learn more about Mr. Sris
Our NJ Office: Visit our New Jersey location page
Last verified: March 2026. Information is current as of the verification date. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your specific situation.