Trust & Estate Lawyer in Essex County, NJ
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Essex County, New Jersey. Our firm handles wills, trusts, probate administration, and estate litigation under New Jersey statutes including the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and Probate Code. We serve Newark, Montclair, West Orange, and surrounding communities. Call (888) 437-7747 for a consultation by appointment.
New Jersey Trust & Estate Law
New Jersey trust and estate law governs the creation of wills and trusts, the probate process, and the administration of estates after death. The primary statutes are 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.). While New Jersey repealed its estate tax in 2018, an inheritance tax still applies to certain beneficiaries at rates from 0% to 16%.
Last verified: March 2026 | Superior Court of NJ, Essex Vicinage | New Jersey Legislature
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
Official New Jersey Legal Resources
For the full text of New Jersey statutes, visit the New Jersey Legislature website (njleg.state.nj.us). For court forms and procedures in Essex County, refer to the Superior Court of New Jersey, Essex Vicinage website (njcourts.gov).
Essex County Estate Procedures
In Essex County, wills are probated through the Surrogate’s Court within the Superior Court. The executor or administrator must obtain inheritance tax waivers from the New Jersey Division of Taxation before transferring certain assets.
- Initial Consultation and Document Review: Gather all estate planning documents, financial statements, and beneficiary information for review with your attorney.
- File with the Essex County Surrogate’s Court: Submit the will (if one exists) and petition for probate or letters of administration to the Superior Court of NJ, Essex Vicinage.
- Obtain Inheritance Tax Waivers: File Form IT-R with the New Jersey Division of Taxation to obtain waivers for assets subject to inheritance tax.
- Administer the Estate or Trust: Inventory assets, pay valid debts and taxes, and manage distributions to beneficiaries according to the will, trust, or intestacy laws.
- File Final Accountings and Close the Estate: Prepare and file final accountings with the court for approval, then distribute remaining assets and obtain a discharge.
Trust & Estate Considerations in New Jersey
In Essex County, trust and estate matters involve specific statutory timelines, fiduciary duties, and potential tax implications.
| Matter | Governing Law | Key Timeline | Potential Issue |
|---|---|---|---|
| Probate | N.J.S.A. 3B:1-1 et seq. | 9-12 months typical | Will contests can freeze estate |
| Trust Administration | N.J.S.A. 3B:31-1 et seq. | Varies by trust terms | Breach of fiduciary duty claims |
| Inheritance Tax | N.J.S.A. 54:33-1 et seq. | Due 8 months after death | Tax rates 0-16% based on relationship |
| Executor Commission | N.J.S.A. 3B:18-1 et seq. | Paid upon court approval | Statutory fee schedule applies |
Results may vary. Each estate and trust situation is unique.
Our Trust & Estate Experience
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings combined legal experience to trust and estate matters in New Jersey. We focus on clear communication and diligent representation for executors, trustees, and beneficiaries.
Essex County Trust & Estate Lawyer Near You
Our New Jersey location serves clients at Essex County courts. We are accessible via I-280, I-78, and the Garden State Parkway. Our trust and estate lawyer near Newark, Montclair, and West Orange is available for consultations.
We serve Newark, Montclair, Livingston, West Orange, Bloomfield, Nutley, Belleville, South Orange, Maplewood, Millburn, East Orange, Orange, Irvington, Caldwell, Glen Ridge, Verona, and Cedar Grove.
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 requires probate court supervision. 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 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 Essex County?
Typical probate administration in Essex County 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 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 to surviving spouses, children, and other relatives. The court appoints an administrator, and the estate goes through a formal probate process.
What are the executor’s fees in New Jersey?
New Jersey statute sets 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. The court must approve these fees.
Related Legal Resources
New Jersey Estate Planning Lawyer | Bergen County Trust & Estate Lawyer | Essex County Business Lawyer | Attorney Profile: Mr. Sris
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.