Trust & Estate Lawyer in Union County, NJ
New Jersey Trust and Estate Law
New Jersey estate planning and administration are governed by state statutes, including the NJ Probate Code (N.J.S.A. 3B:1-1 et seq.) and the NJ Uniform Trust Code. These laws define the processes for creating valid wills, administering trusts, and distributing assets after death.
Last verified: March 2026 | Verify with lead attorney | New Jersey Legislature
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
Official Legal Resources
- N.J.S.A. 3B:31-1 et seq. (NJ Uniform Trust Code) — Official New Jersey statutes.
- Superior Court of NJ, Union Vicinage — Official court website for Union County.
Estate Administration Process in Union County
Wills are probated through the Union County Surrogate’s Court. The appointed executor must obtain an inheritance tax waiver from the NJ Division of Taxation before distributing assets to non-exempt beneficiaries.
- Initial Consultation and Document Gathering: Schedule a consultation with an attorney. Gather all relevant documents: the original will (if one exists), death certificate, financial account statements, deeds, and insurance policies.
- File with the Surrogate’s Court: The named executor or proposed administrator files the will and a petition for probate or administration with the Union County Surrogate’s Court to be officially appointed.
- Manage Estate Assets and Notifications: Open an estate bank account. Notify all creditors and beneficiaries as required by law. Manage and safeguard estate assets, pay valid debts and expenses.
- Address Tax Obligations: File the deceased’s final income tax returns. Determine if a federal estate tax return (Form 706) or a New Jersey inheritance tax return (Form IT-R) is required and file by the deadline.
- Distribute Assets and Close the Estate: After paying all debts, taxes, and expenses, prepare a final accounting. Distribute the remaining assets to the rightful beneficiaries as directed by the will or intestacy laws, then formally close the estate.
Potential Outcomes and Considerations
In Union County, estate administration involves court-supervised asset distribution, with executor commissions set by statute and potential inheritance tax liabilities for certain beneficiaries.
| Matter | Legal Framework | Timeline | Financial Impact |
|---|---|---|---|
| Probate (Uncontested) | NJ Probate Code | 9-12 months | Court fees, executor commissions |
| Will Contest | N.J.S.A. 3B:3-1 et seq. | 6-18+ months | Litigation costs, estate frozen |
| Inheritance Tax | NJ Inheritance Tax Act | Return due 8 months after death | 0-16% based on beneficiary relationship |
| Breach of Fiduciary Duty | NJ Uniform Trust Code | Varies | Surcharge, removal, legal fees |
Results may vary. Each estate’s circumstances are unique.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined attorney experience to complex trust and estate matters. Global advocacy. Local precision.
Our Approach
We focus on clear communication and diligent process management for executors, trustees, and families in Union County. Our goal is to handle the legal requirements efficiently, from probate filings to final distribution.
Results may vary. Prior results do not aim for a similar outcome.
Serving Union County, NJ
Our New Jersey location serves clients at Union County courts. We are accessible via the NJ Turnpike, Garden State Parkway, Route 22, and I-78.
Looking for a trust and estate lawyer near Elizabeth or the surrounding communities? We serve Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield.
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 reducing administration time and costs.
Does New Jersey have an estate tax?
No. New Jersey repealed its state 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 Union County?
For an uncontested estate with proper documentation, probate through the Union County Surrogate’s Court typically takes 9 to 12 months. Complex estates or will contests can extend the timeline to 18 months or longer.
Who needs to file an inheritance tax return in NJ?
An NJ inheritance tax return (Form IT-R) is required when a resident dies leaving assets to beneficiaries who are not exempt, such as nieces, nephews, friends, or unrelated individuals. Transfers to spouses, children, and parents are generally exempt.
What happens if someone dies without a will in New Jersey?
They die intestate. New Jersey’s intestacy laws (N.J.S.A. 3B:5-1 et seq.) determine asset distribution, typically to the surviving spouse and children. The court appoints an administrator, and the process can be more time-consuming and costly than probate with a will.
Related Legal Services
- New Jersey Estate Planning Lawyer — State-level hub page.
- Bergen County Trust & Estate Lawyer — Serving a nearby county.
- Union County Business Lawyer — Related practice area in the same locality.
- Mr. Sris Attorney Profile
Last verified: March 2026. Information updated as of 2026-02-20. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.