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A Will is probated upon death. Probate is a legal process which establishes the genuineness of the Will. The Gloucester County Surrogate makes this determination. An estate is opened in the County where the decedent resided at his/her time of death.
It is not necessary to probate if there are no titled assets in the decedent's name alone. If the decedent does have titled assets in their name alone, then the Will must be probated, regardless of the value of the asset (estate).
The Executor must bring the original Will and a certified copy of the death certificate to the Surrogate's office to probate. If the Will is valid, the Executor will be appointed by the Surrogate and given the authority to transfer the decedent's assets. The Surrogate will issue a short certificate to the Executor.
A short certificate is the document issued by the Surrogate that the Executor will use as proof of their authority to transfer or sell the decedent's assets. A short certificate will be needed for the transfer or sale of every asset in the decedent's name alone. Determine how many assets there are and that is how many shorts will be needed. Typically, a short certificate is valid for up to a year. However, some places will only accept one dated within 60 days.
The Will may be offered for Probate anytime after the death occurs; however, the Surrogate cannot issue anything until the eleventh day after death. Please be advised that the fee for probating a Will starts at $100.00. Please see the fees section of this website for exact cost.
It is not necessary to make an appointment to probate a Will and this office does not require you to be represented by an Attorney. If you have any questions please do not hesitate to call 856-853-3282.
| ||Information sheet that Executor or Attorney can fill out before probate. ||Click Here |
|The act of giving up a right. ||Click Here |
Duties of Executor
|Responsibility of carrying out the decedent's wishes and intentions. ||Click Here |
Notice of Probate/ Proof of Mailing
|A notice in writing signed by the Executor of the Will to all beneficiaries under the Will and to all the next of kin who would inherit under the intestacy laws that the Will has been probated. ||Click Here |
- Refunding Bond and Release
|This form releases the Executor or Administrator from all claims and demands whatsoever in respect to the estate of the decedent. ||Click Here |
|A document that will prevent certain actions from taking place. ||Click Here |