Trust & Estate Lawyer in Monmouth County, NJ
Law Offices Of SRIS, P.C. provides experienced trust and estate representation in Monmouth County, New Jersey. Estate planning and probate are governed by the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) and the NJ Probate Code (3B:1-1 et seq.). Our firm, founded in 1997, offers full representation for wills, trusts, estate administration, and fiduciary litigation. We serve clients throughout the Monmouth County area.
New Jersey Trust and Estate Law
New Jersey trust and estate law involves creating legal documents to manage and distribute assets during life and after death, and administering estates through the court system. Key statutes include the NJ Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.) for trusts and the NJ Probate Code (N.J.S.A. 3B:1-1 et seq.) for wills and estate administration.
Last verified: March 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature
Under N.J. Stat. § 14A:1-1, state law governs this practice area.
Official Legal Resources
For the official text of New Jersey statutes, refer to the New Jersey Legislature website (njleg.state.nj.us). For court forms and procedures in Monmouth County, visit the Superior Court of New Jersey, Monmouth Vicinage website (njcourts.gov).
Estate Planning and Probate Process in Monmouth County
In Monmouth County, wills are probated through the Surrogate’s Court. The executor or administrator must be formally appointed by the court before they can act. A key local procedural fact is that New Jersey has no state estate tax but does have an inheritance tax that requires a waiver from the NJ Division of Taxation for certain beneficiaries.
- Consultation and Document Gathering: Meet with an attorney to review the estate plan or existing documents. Gather the will, trust agreements, death certificate, and asset lists.
- Court Filing: File the will and petition for probate with the Monmouth County Surrogate’s Court in Freehold to appoint the executor or administrator.
- Estate Administration: Notify beneficiaries and creditors, secure assets, open an estate account, and manage day-to-day affairs.
- Tax Compliance: File the decedent’s final income tax returns and determine if a New Jersey Inheritance Tax Return (Form IT-R) is required.
- Distribution and Closing: Pay valid debts and taxes. Prepare a final accounting. Distribute remaining assets to beneficiaries and file closing documents with the court.
Potential Outcomes and Considerations
In Monmouth County, trust and estate matters involve court oversight, potential tax liabilities, and fiduciary responsibilities, but do not carry criminal penalties like incarceration.
| Matter | Primary Concern | Timeline | Potential Financial Impact |
|---|---|---|---|
| Probate Administration | Court Supervision, Executor Fees | 9-12 months typical | Executor commissions: 5% first $200K, 3.5% next $800K, 2% over $1M |
| Will Contest | Estate Frozen During Litigation | 6-18 months | Legal fees; potential surcharge for breach of fiduciary duty |
| Inheritance Tax | Tax on Non-Exempt Beneficiaries | Tax due 8 months after death | Rates from 11% to 16% based on beneficiary relationship |
Results may vary. Each estate and family situation is unique.
Our Firm’s Background
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 trust and estate matters. We focus on a case-specific approach for clients in Monmouth County and throughout New Jersey.
Trust & Estate Lawyer Near Monmouth County
Our New Jersey location serves clients at Monmouth County courts in Freehold. We represent individuals and families in Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck.
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?
No. New Jersey repealed its state estate tax effective January 1, 2018. However, New Jersey still has an inheritance tax that applies to transfers to certain beneficiaries, like nieces, nephews, and friends, at rates from 11% to 16%.
How long does probate take in Monmouth County?
Probate typically takes 9 to 12 months in Monmouth County 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:5-1 et seq.) determine asset distribution, typically to a surviving spouse and children. The court appoints an administrator, and the estate goes through a formal probate process overseen by the Surrogate’s Court.
Can an executor in New Jersey be paid for their services?
Yes. New Jersey law allows executor commissions. The statutory fee schedule 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 commissions.
Related Legal Services
For more information, see our New Jersey Estate Lawyer hub page. We also assist with business law and civil litigation in Monmouth County. Learn more about Mr. Sris.
Last verified: March 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.