Probate is the process by which a purported will is adjudicated to be valid. Unless there is a contest, that adjudication takes place in the Surrogate’s Office.
In order to probate a Will, if you are the Executor, you must bring the following with you to the Union County Surrogate’s Court:
- The original Will;
- A certified copy of the death certificate (which you obtain from the municipality in which the testator died);
- The full names and latest addresses of the closest surviving next of kin;
- Sufficient funds in cash, check, or money order for probate fees.
We will keep all original and certified documents.
Not all assets must go through probate to be transferred. Some assets pass by operation of law to other persons without the need for probate. Whether or not a particular asset must go through probate to be transferred depends on how title to the asset is held.
You may download the information sheet which will give you an indication of what will be necessary for probate. The clerk will take your sworn testimony on all documents for the court.
If you are unsure of what you need to bring in order to probate or complete an administration, please call the office at 908-527-4280.