Trust & Estate Lawyer in Bergen County, NJ
New Jersey Trust & Estate Law
New Jersey estate law is governed by 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.). These statutes establish the legal framework for creating wills and trusts, appointing executors and trustees, and administering estates through the Surrogate’s Court. While New Jersey repealed its estate tax in 2018, the state maintains an inheritance tax with rates based on the beneficiary’s relationship to the decedent.
Last verified: March 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official New Jersey Legal Resources
- N.J.S.A. 3B:31-1 et seq. (NJ Uniform Trust Code) — Official New Jersey statutes from the state legislature.
- Superior Court of NJ, Bergen Vicinage — Official court website with forms, rules, and contact information.
Bergen County Estate Procedures
Wills are probated through the Bergen County Surrogate’s Court located in Hackensack. The court appoints executors and oversees the administration of estates. For trust administration, the NJ Uniform Trust Code provides the governing rules without direct court involvement unless disputes arise.
- Schedule a consultation to review your estate planning needs or existing documents.
- Draft and properly execute wills, trusts, powers of attorney, and advance directives.
- File the will with the Bergen County Surrogate’s Court after a death to begin probate.
- Obtain necessary tax waivers and file required state and federal returns.
- Manage estate assets, pay valid debts, and prepare a final accounting for court approval.
- Distribute remaining assets to beneficiaries according to the will or trust terms.
New Jersey Estate Planning & Administration Overview
In Bergen County, trust and estate matters involve statutory timelines, fiduciary duties, and potential tax implications, though New Jersey has no state estate tax.
| Matter | Governing Law | Typical Timeline | Key Considerations |
|---|---|---|---|
| Will Probate | NJ Probate Code | 9-12 months | Surrogate’s Court approval required |
| Trust Administration | NJ Uniform Trust Code | Varies | No court involvement typically |
| Inheritance Tax | NJ Inheritance Tax Act | Due 8 months after death | Rates: 0-16% based on relationship |
| Executor Commission | N.J.S.A. 3B:18-14 | Statutory fee schedule | 5% first $200K, 3.5% next $800K, 2% over $1M |
| Guardianship Proceedings | N.J.S.A. 3B:12-1 et seq. | 6-18 months if contested | Superior Court appointment required |
Results may vary based on individual circumstances and court decisions.
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 of over 120 years to estate planning and administration matters. We understand the nuances of New Jersey’s trust and probate laws, including the inheritance tax system and Surrogate Court procedures.
Case Results
Law Offices Of SRIS, P.C. has achieved 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC with a favorable outcome rate of 93%+.
Results may vary. Prior results do not aim for a similar outcome.
Bergen County Estate Lawyer Near You
Our New Jersey location serves clients at Bergen County courts in Hackensack. We represent individuals and families throughout Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
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 faster distribution to beneficiaries.
Does New Jersey have an estate tax or inheritance tax?
New Jersey repealed its estate tax effective 2018. However, New Jersey maintains an inheritance tax that applies to transfers based on the beneficiary’s relationship to the decedent, with rates from 0% 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: 5% on the first $200,000 of estate value, 3.5% on the next $800,000, and 2% on amounts over $1 million. Executors can also petition the court for additional compensation for extraordinary services.
When is a guardianship necessary in New Jersey?
A guardianship is necessary when an adult becomes incapacitated and cannot manage their personal or financial affairs. The process requires a court petition in the Superior Court, often in the county where the individual resides, to appoint a guardian.
Related Legal Resources
- New Jersey Estate Lawyer — Statewide trust and estate information.
- Atlantic County Estate Lawyer — Serving Atlantic County residents.
- Bergen County Business Lawyer — Business succession planning services.
- Mr. Sris Attorney Profile — Learn more about our founding attorney.
Last verified: March 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.