"As the Sussex County Surrogate it is my intention to continue to offer the highest level of service to which our residents have become accustomed. My team and I will endeavor to make the oftentimes emotionally difficult experience that is inherent with the Surrogate's Court procedures a little less intimidating and formidable."

What We Do

The Surrogate's Court is a department of county government, as well as a branch of the Superior Court of New Jersey in the Chancery Division. The Surrogate serves as Deputy Clerk of the Superior Court, Chancery Division, Probate Part, and Chancery Division, Family Part for adoptions, as well as Judge of the Surrogate's Court. The Surrogate is a constitutional officer who is elected to the position by county voters every five years.

The County Surrogate has the authority to qualify executors and trustees named in wills, to appoint administrators for those who die without a will, and to appoint guardians for minors and legally incapacitated persons. The Surrogate's office is also responsible for overseeing the procedure in contested estate matters, in the declaration of incapacitation, in appointment of guardians, and in granting of adoptions in the Superior Court of New Jersey.

The Surrogate is the custodian of the records of such estates, wills, guardianships, and adoptions. Permanent records of all wills and other estate administration papers dating back to the early 1800's are filed in the Surrogate's Court on microfilm, microfiche or as scanned documents. This provides an important source of information for title searchers, genealogists, and local historians. The Surrogate places adoption records under seal and maintains these records.

The Surrogate's Court is also custodian of funds awarded to minors through settlement, inheritances, or as beneficiaries of life insurance proceeds. Over 180 accounts totaling more than $9 million is held in the Surrogate's Intermingled Trust Fund.

When a Loved One Passes, Where do I Start?

The emotions of losing a family member or friend can be overwhelming, especially for the person selected to handle the affairs of the deceased.

The Surrogate Court will guide you through the necessary procedure of Probate or Administration with sensitivity, respect and caring.

Basic Guide for Executors and Administrators

CONTACT:

• Social Security
• Employer re: pay, benefits, pension, insurance
• Veteran's Administration, if deceased was a veteran

GATHER:

• Original Death Certificate
• Insurance Policies
• Deed/Lease
• Bank Accounts
• Stocks, etc.
• Credit Cards
• Loans, etc.
• Mail
• Will

If the decedent HAD A WILL and you are named the Executor...

• Call the Surrogate Court for instructions and to set up an appointment.
• You will be asked to complete Worksheet #1 and return it (by mail, fax, or email) to this court. Click here to download Worksheet #1
• Fax or mail Worksheet #1 to this office with a COPY of the Death Certificate and Will.
• At the time of your scheduled appointment, present the certified Death Certificate AND originally signed Will. Bring cash or check for the fee.
• Review and sign documents.
• Upon final review by the Surrogate, completed documents will be issued.
• Click here for our helpful and informative document, Responsibilities of Executor.

If the decedent DID NOT HAVE A WILL and you are one of the next of kin...

• You will need to seek appointment of Administration. Call the Surrogate Court for instructions and to set up an appointment.
• You will be asked to complete Worksheet #2. Click here to download Worksheet #2.
• Fax or mail Worksheet #2 to this office with a COPY of the Death Certificate. (You will present the original, certified Death Certificate at the time of your appointment.)
• At your scheduled appointment present the original Death Certificate along with cash or check for the fee. A Bond may be required.
• Review and sign documents.
• Upon final review by the Surrogate, completed documents will be issued.
• Click here for our helpful and informative document, Guidelines for Administrator.

Frequently Asked Questions (FAQs)

• What is a Will?

A signed and witnessed document which, after your death, directs how your individually owned property will be distributed and who will be in charge of your property until it is distributed.

• Do I need a Will?

The most important advantage of having a Will is that YOU direct exactly how your property should be distributed rather than having your property distributed according to the laws of the State of New Jersey.

• How do I make a Will?

A Will must be prepared within the legal technicalities prescribed by law so that it leaves no question regarding your intention. Many times a simple Will drawn by a layman raises questions of interpretation which must be resolved by expensive court proceedings. Your attorney might best be able to suggest ways of better implementing your intention.

Adoption Information

The Sussex County Surrogate acts as the Clerk of the Superior Court, Chancery Division, Family Part, for all adoptions. This office is responsible for reviewing and filing all Complaints, with all supporting papers, including Orders Fixing Date for Hearing and Final Judgment for Adoption. We ensure that the necessary procedural requirements of the New Jersey Statutes and New Jersey Court Rules are met and the scheduling of a court date is done in a timely manner.

TYPES OF ADOPTIONS

Adult Adoption: The adult to be adopted has requested the adoption and, if desired, the change of name. The adopting parent(s) must be at least 10 years older than the adult being adopted.

Agency Adoption: The child to be adopted is in the custody and control of an approved agency.

Foreign Adoption: The foreign child to be adopted is in the custody and control of an approved agency.

Foreign Re-Adoption: The foreign child has been adopted in a foreign country before a Judge and re-adopted in this country, thereby creating a paper trail, as well as a New Jersey birth certificate.

Private Adoption: The child to be adopted has not been received from an approved agency but from a birth mother.

Sussex County New Jersey Adoptions

Relative Adoption: The child to be adopted was not received from an agency, but the adoptive parent(s) are brother, sister, grandparent, aunt, uncle or birth father.

Stepparent Adoption: The child to be adopted is the natural child of the plaintiff's spouse.

COUNTY VENUE

Adoption papers may be filed with the Surrogate in one of the following:

1. The County in which the adopting parents reside;

2. The County where the child resided immediately prior to the placement for adoption;

3. If the child is less than three months of age, the County in which the child was born;

4. Whenever the child to be adopted has been received into the home of a prospective parent from an approved agency, the action may be instituted in the Superior Court, Chancery Division, Family Part, of any County in which the approved agency has an office.

Adoption Procedures

WAITING PERIODS

Before the filing of a Verified Complaint for Adoption, which begins the legal process with our office, a child may be required to be in the adoptive home for a period of time. In an Agency Adoption (domestic and foreign), the child must be in the adoptive home for at least six months. With Private Placement, Relative and Stepparent Adoptions, the Complaint may be filed within 45 days after receiving the child into the adoptive home. With a Foreign Re-Adoption, the Complaint can be filed upon the approval of the U.S. Citizenship and Immigration Services. In the case of an Adult Adoption, there is no waiting time.

After the Complaint is filed, a hearing date is set. For an Agency Adoption, the statute requires the hearing to take place no less than 10 days and no more than 30 days from the filing of the Complaint. For a Stepparent, Relative, or Private Adoption, the statute requires a waiting time of no less than 60 days and no more than 90 days from the filing of the Complaint. The finalization of a Private Adoption requires a waiting period of 6 months after a preliminary hearing. There is no similar statutory requirement for an Adult Adoption.

SPECIAL REQUIREMENTS FOR STEPPARENT ADOPTION

At the time of the filing of the Verified Complaint in a Stepparent Adoption, there are many other documents that must be filed along with the pleadings. These include Criminal History Record Information (CHRI) fingerprint background checks, Child Abuse Record Information (CARI), and Domestic Violence Registry Check (D.V.C). The clearances must be less than 12 months old at the time of the filing of the Complaint. All of these checks must be performed on the Stepparent and on all persons residing in the adoptive applicant's home who are 18 years of age or older, except the natural parent.

FILING FEES

When filing an Adoption, the fee is $175.00. Payment may be made by cash or a check made out to the Sussex County Surrogate. This office does not accept credit cards.

The birth certificate will be amended after the Finalization of the Adoption. The Report of Adoption form and a check for $27.00 made out to Vital Statistics and can be submitted prior to the hearing date. Additional birth certificates are $2.00 each.

UNSEALING ADOPTION FILES

Our office often receives requests for information regarding prior adoptions. These requests are usually made by the adopted child who either wants to locate their natural parents or needs a copy of their Adoption Decree to prove their identity. All adoption files are maintained by the Surrogate under seal (N.J.S.A. 9:3-52). An adoption file, or even part of an adoption file, cannot be unsealed by the Surrogate without a Court Order signed by a Superior Court Judge. The Surrogate's office can only advise you of the procedure and cost of petitioning the Court to break the seal on the adoption file.

Guardianship Information

ADULT GUARDIANSHIPS

Under N.J. Court Rule 1:34-2, the Sussex County Surrogate acts as Deputy Clerk of Superior Court, Chancery Division, Probate Part for the filing of the appropriate pleadings.

Adults are declared incapacitated in Superior Court by way of Order to Show Cause, Verified Complaint and certain required affidavits. The Court will appoint an independent attorney to represent the alleged incapacitated person. A report is generated and a plenary hearing may be required.

Upon adjudication, the Surrogate qualifies the court-appointed Guardian(s) and issues the official letters of Guardianship.

The Surrogate's Court will also be the base for the soon to be implemented State Guardianship Monitoring Program. Under this program, volunteers will review the annual reports filed by Guardians, as well as, in some cases, the ward's residence.

GUARDIANSHIP ON BEHALF OF A MINOR

There are several reasons that result in the need for a guardian to be appointed on behalf of a minor (under the age of 18). The most common is when a minor, who is a Sussex County resident, is to receive assets, usually money, but may include stocks, bonds or real estate, in amounts greater than $5,000.00 per annum. Among the more common occurrence is if a minor is involved in an accident and receives a monetary settlement. The Superior Court of New Jersey enters a Judgment to formalize that settlement. The settlement funds are then placed in the custodial care of the Sussex County Surrogate's Court, in the Surrogate's Intermingled Account.

New Jersey Sussex County Surrogate Court

3 High Street, Suite 1 (In the Historic Sussex County Court House)

Newton, New Jersey 07860

Reserved parking behind the Court House for your convenience.

Office hours are 8:30 am to 4:30 pm

Monday through Friday

Phone number is (973) 579-0920

Fax number (973) 579-0909

Email surrogate@sussex.nj.us

Call for an appointment at the office or to make special arrangements for the disabled or elderly as part of the Outreach Program.

Directions

From Route 80 West using Route 15 - Exit 34B, Route 15 West; in Lafayette Route 15 combines with Route 94S; follow 94S; Routes 94S and 206S combine (passing car dealers, shopping and grocery centers) approaching the Town of Newton; through the traffic intersection of Trinity & Mill Streets; hill incline; driveway entrance on right into reserved parking lot behind the white pillared Sussex County Court House. Park in the rear of the Court House and enter the building using the front entrance.

From Route 80 West using Route 206 - Exit 25 to 206 North into Town of Newton center (park square); left onto Spring Street; look straight ahead; Surrogate Court is in the white pillared Sussex County Court House; bear right; first left turn into reserved parking lot behind the Court House. Park in the rear of the Court House and enter the building using the front entrance.

From Sparta - Rte. 517 South (Newton-Sparta Road becomes Rte. 616) into Town of Newton center (park square); look straight ahead; Surrogate Court is in the white pillared Sussex County Court House; bear right; first left turn into reserved parking lot behind the Court House. Park in the rear of the Court House and enter the building using the front entrance.

From Hamburg - Rte. 94S; in Lafayette Route 15 combines with Route 94S; follow 94S; Routes 94S and 206S combine (passing car dealers, shopping and grocery centers) approaching the Town of Newton; through the traffic intersection of Trinity & Mill Streets; hill incline; driveway entrance on right to reserved parking lot behind the Surrogate Court in the Sussex County Court House. Park in the rear of the Court House and enter the building using the front entrance.

Map of Courthouse and Parking

Helpful Information

Select from the following links for additional information:

• Frequently Asked Questions
• Responsibilities of Executor
• Phone Numbers
• Map of Courthouse and Parking
• Glossary of Terms
• Fee Schedule (pdf file)
• Surrogate Court Forms Center
• County Web Site
• Guidelines for Administrator

Helpful Information > F.A.Q

1) Is the probate process expensive?

No. While fees are set by the New Jersey legislature, most probates cost less than $200.00. Click here for the Fee Schedule

2) Who has the right to be appointed when an individual dies without a Will?

The surviving spouse or domestic partner has the first right. However, any heir may be appointed assuming they obtain the appropriate renunciations from any other heir who has an equal or prior right to be appointed.

3) Why do I need to post a bond if someone dies without a will?

New Jersey has determined that a bond must be posted that represents the full value of the real and personal property in the Estate. The bond acts as an insurance policy on the Estate to ensure that the assets are distributed properly.

4) How does the surviving spouse or domestic partner access joint bank accounts or certificates of deposit?

Certain bank accounts or certificates of deposits may be owned with right of survivorship, which means that upon the death of one party to the account, the surviving spouse or domestic partner becomes the sole owner. The surviving spouse or domestic partner becomes the sole owner. The surviving spouse or domestic partner can fill out an affidavit of waiver or L-8 form at the bank to access the funds.

5) How may Surrogates certificates will I need?

A list of the Estate assets should be prepared to show the number of transfers that will need to take place. That number should reflect the required number of certificates. Additional certificates can always be requested from the Surrogate's office. Check with the particular bank or institution as to how many certificates will be necessary.

6) Do I need to file a formal accounting if I represent an estate?

The answer is no as most Estates in New Jersey are settled without formal court proceedings. A representative may, however, file an informal accounting with the court or obtain a written agreement/consent form from all of the beneficiaries to the Estate that dispenses with the accounting, approves the actions of the representative and provides for the method or manner of distribution.

7) How do I prove that a distribution or legacies were paid?

A document called a refunding bond and release can be utilized and signed by each beneficiary to the Estate. They are then forwarded to the Surrogate's office for filing. If the decedent dies without a Will, the bond posted can only be cancelled when the refunding bonds and releases are filed for all of the beneficiaries.

Helpful Information > Useful Telephone Numbers

• Sussex County Surrogate
  (973) 579-0920
  surrogate.sussex.nj.us
   
• Social Security
  (800) 772-1213
  www.socialsecurity.gov
   
• Veterans Administration
  (800) 827-1000
  www.va.gov
   
• Division of Senior Services
  (973) 579-0555
  www.sussex.nj.us/seniorservices
   
• Lawyer Referral Service
  (973) 267-6089
  www.morriscountybar.com/lawyer_referral
   
• Division of Social Services
  (973) 383-3600
  www.sussex.nj.us/socialservices
   
• SC Helpline/2-1-1
  (973) 209-HELP
  www.nj211.org
   
• NJ Division of Motor Vehicles
  (888) 486-3339 NJ (609) 292-6500
  www.state.nj.us/mvc
   
• Tax ID# (EIN)
  (800) 829-4933
  www.irs.gov search EIN
   
• Inheritance Tax Information
  (609) 292-5033
  www.state.nj.us/treasury/taxation
   
• NJ Unclaimed Property
  (609) 292-9200
  www.state.nj.us/treasury/taxation
   
• Vital Statistics
  (609) 292-4087
  www.state.nj.us/health/vital
   
• Legal Services of NW Jersey SC
  (973) 383-7400
  lsnj.org