Trust & Estate Lawyer in Passaic County, NJ
New Jersey Trust & Estate Law
New Jersey trust and estate law governs how your assets are managed during your lifetime and distributed after your death. Key statutes include the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) for creating and administering trusts, and the NJ Probate Code (3B:1-1 et seq.) for validating wills and overseeing estate administration. While New Jersey repealed its state estate tax in 2018, an inheritance tax of 0-16% may apply based on the beneficiary’s relationship to the decedent.
Last verified: March 2026 | Superior Court of NJ, Passaic Vicinage | New Jersey Legislature
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
Official Legal Resources
- New Jersey Statutes (official NJ Legislature) – Search the full text of NJ laws, including the Probate and Trust Codes.
- Superior Court of New Jersey, Passaic Vicinage – Official court website for probate and estate matters in Passaic County.
Estate Planning Process in Passaic County
Estate planning in Passaic County involves preparing legal documents to manage your assets and healthcare wishes. The process addresses probate avoidance, tax implications, and guardianship for minor children.
- Initial Consultation & Document Review: Gather existing wills, trusts, asset lists, and beneficiary designations for a full review.
- Develop a Customized Plan: Your attorney drafts documents like wills, revocable living trusts, powers of attorney, and advance healthcare directives based on your specific goals.
- Proper Execution: Sign all documents in compliance with New Jersey law, which requires witnesses and often a notary public.
- Probate & Administration: After a death, the executor files the will with the Passaic County Surrogate’s Court, inventories the estate, pays valid debts and taxes, and distributes remaining assets.
- Tax Compliance & Closing: File any required inheritance tax returns (Form IT-R) and obtain tax waivers. The executor then petitions the court to close the estate and discharges their duties.
Passaic County Estate Administration Overview
In Passaic County, estate administration involves court-supervised processes with statutory timelines and executor fees.
| Matter | Governing Law | Typical Timeline | Key Financial Consideration |
|---|---|---|---|
| Probate (With Will) | NJ Probate Code | 9-12 months | Executor Commission: 5% first $200K |
| Administration (No Will) | NJ Laws of Intestacy | 9-18 months | Court-appointed Administrator |
| Inheritance Tax Filing | NJ Inheritance Tax Act | Due 8 months after death | Tax Rate: 0-16% based on relationship |
| Will Contest Litigation | NJ Court Rules | 6-18 months+ | Estate assets frozen during case |
Results may vary. Timelines and outcomes depend on the complexity of the estate, family dynamics, and court schedules.
Our Trust & Estate 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 each case. We focus on providing clear guidance through the details of New Jersey estate law, from simple wills to complex trust administration and fiduciary litigation.
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 in your case.
Passaic County Estate Lawyer Near You
Our New Jersey location serves clients throughout Passaic County. We are accessible via I-80, Route 46, and other major highways, representing clients at the Passaic County Courthouse in Paterson.
We serve communities including Paterson, Clifton, Wayne, Passaic City, Totowa, Little Falls, West Milford, Pompton Lakes, Hawthorne, Ringwood, and Wanaque.
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 transfers them to beneficiaries without probate, offering privacy and potentially avoiding certain taxes.
How long does probate take in Passaic County, NJ?
Probate typically takes 9-12 months in Passaic County. Simple estates with no disputes can be faster through the Surrogate’s Court. Complex estates or will contests can extend the timeline to 6-18 months or longer.
Does New Jersey have an estate or inheritance tax?
New Jersey repealed its state estate tax in 2018. However, New Jersey maintains an inheritance tax ranging from 0% to 16% based on the beneficiary’s relationship to the decedent. Spouses, children, and grandchildren are generally exempt.
What are the executor’s fees in New Jersey?
Executor commissions in New Jersey are statutory. 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 may approve additional compensation for extraordinary services.
What happens if someone dies without a will in New Jersey?
If you die intestate (without a will), New Jersey’s laws of intestate succession determine asset distribution. A spouse and children typically inherit, but the specific shares vary. The court appoints an administrator, and the estate goes through a formal probate process.
Related Legal Resources
Last verified: March 2026. Information updated as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.