Trust & Estate Lawyer in Burlington County, NJ
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Burlington County, NJ. New Jersey law, governed by the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and Probate Code, establishes the framework for wills, trusts, and estate administration. The firm, founded in 1997, offers guidance on probate, inheritance tax waivers, and fiduciary duties specific to Burlington County Surrogate’s Court procedures.
Estate planning and probate in Burlington County involve handling specific local court rules and New Jersey’s inheritance tax system, which imposes rates from 0% to 16% based on the beneficiary’s relationship to the deceased.
New Jersey Trust & Estate Law
Trust and estate law in New Jersey involves creating legal instruments like wills and trusts to manage and distribute assets, and administering estates after death. The primary statutes are the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and the NJ Probate Code (N.J.S.A. 3B:1-1 et seq.). New Jersey repealed its state estate tax in 2018 but maintains an inheritance tax that applies to certain beneficiaries. Proper planning addresses asset protection, tax implications, and ensuring your wishes are carried out through the Burlington County Surrogate’s Court.
Last verified: March 2026 | Superior Court of NJ, Burlington 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 N.J.S.A. Title 3B on estates and trusts.
- Burlington Vicinage Court Website – Access forms, local rules, and contact information for the Superior Court, Chancery Division, Probate Part in Mount Holly.
Estate Administration Process in Burlington County
The process for administering an estate in Burlington County follows New Jersey statutory procedures. Key local steps involve the Surrogate’s Court in Mount Holly and compliance with state tax divisions.
- File the Will and Appoint Executor: Present the original will and death certificate to the Burlington County Surrogate’s Court to officially open the estate and receive Letters Testamentary.
- Notify Heirs and Creditors: Provide formal notice to all beneficiaries and publish a notice to creditors in a local newspaper, starting the claim period.
- Secure and Appraise Assets: Take control of all estate assets, secure property, and obtain necessary appraisals for real estate and valuable personal property.
- Address Tax Requirements: File for New Jersey inheritance tax waivers and handle the decedent’s final income tax returns and any federal estate tax return if applicable.
- Pay Debts and Expenses: Use estate funds to pay valid creditor claims, administrative expenses, and taxes.
- Distribute Assets and Close Estate: After court approval, distribute remaining assets to beneficiaries and file a final accounting to formally close the estate.
Potential Outcomes in Estate Matters
In Burlington County, failure to properly administer an estate or defend a will can lead to surcharges against the executor, removal as fiduciary, and the estate being frozen during litigation.
| Issue | Legal Classification | Potential Consequences |
|---|---|---|
| Breach of Fiduciary Duty | Civil Action | Surcharge (personal financial liability), removal as executor/trustee, attorney’s fees. |
| Will Contest | Probate Litigation | Estate distribution frozen, lengthy court proceedings, increased administrative costs. |
| Failure to File Inheritance Tax Return | Tax Penalty | Interest and penalties accruing on unpaid tax, potential liens on estate assets. |
| Intestacy (No Will) | Statutory Distribution | Assets distributed by NJ intestacy laws (N.J.S.A. 3B:1-1), which may not reflect your wishes. |
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 legal experience to complex trust and estate matters. Our approach combines a deep understanding of New Jersey’s Uniform Trust Code with practical knowledge of Burlington County’s local probate procedures.
Case Results
Law Offices Of SRIS, P.C. has a documented history of favorable outcomes in legal matters firm-wide. Our attorneys work to achieve resolutions that align with our clients’ objectives in estate planning and administration.
Results may vary. Prior results do not aim for a similar outcome.
Local Burlington County Representation
Our New Jersey location represents clients in Burlington County estate matters. We serve individuals and families throughout the area, including Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, and Marlton.
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 New Jersey inheritance tax?
New Jersey imposes an inheritance tax on assets passed to certain beneficiaries, not an estate tax. The rate ranges from 0% to 16% based on the relationship to the deceased. Spouses, children, and grandchildren are generally exempt.
How long does probate take in Burlington County?
Probate typically takes 9 to 12 months in Burlington County. 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 fees in New Jersey?
Executor commissions in NJ are set by statute. 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 must approve these fees.
Do I need a will if I have a trust?
Yes. A pour-over will is essential with a trust. It directs any assets not formally transferred into the trust during your lifetime to be ‘poured over’ into it upon your death, ensuring they are distributed according to your trust’s terms.
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, typically to the surviving spouse and children. The court appoints an administrator, and the process is often longer and more costly than probate with a will.
Related Legal Services
- New Jersey Estate Planning Lawyer – State-level hub for estate law information.
- Camden County Trust & Estate Lawyer – Representation in a neighboring county.
- Burlington County Business Lawyer – Assistance with business succession planning.
- Mr. Sris Attorney Profile – Learn more about the founding attorney.
Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.