New Jersey estate facts
Straight answers about inherited property in New Jersey.
Short, sourced answers to the questions families ask most when a parent's house becomes part of an estate: probate, inheritance tax, and what happens to the house in the meantime. New to the terms? See our plain-English estate glossary.
Probate and wills
Getting the estate opened.
How soon after a death can a will be probated in New Jersey?
Not for at least 10 days. New Jersey law doesn't allow a will to be admitted to probate until 10 days after the person's death.
Read the answer → WillsCan a copy of a will be probated in New Jersey?
No. New Jersey Surrogates probate only the original will. A photocopy or scan isn't accepted.
Read the answer → ProbateWhere is probate handled in New Jersey?
At the Surrogate's Court in the county where the person lived. Each of New Jersey's 21 counties has its own Surrogate.
Read the answer → No willWhat happens in New Jersey when someone dies without a will?
The Surrogate appoints an administrator, usually a surviving spouse or another heir, to handle the estate.
Read the answer → No willWhat if no heir applies to administer an estate in New Jersey?
If the heirs don't claim administration within 40 days of the death, the court may appoint another suitable person.
Read the answer → ProbateWhen must heirs be notified after a will is probated in New Jersey?
Within 60 days. The executor mails a Notice of Probate to the beneficiaries and next of kin, then files proof of mailing with the Surrogate.
Read the answer → Estate administrationHow long do creditors have to make a claim against a New Jersey estate?
Generally nine months from the date of death. Creditors present claims to the executor or administrator in writing and under oath.
Read the answer →New Jersey inheritance tax
What's taxed, and what isn't.
Does New Jersey still have an estate tax?
No. New Jersey's estate tax was repealed for deaths on or after January 1, 2018. The state's inheritance tax still applies.
Read the answer → TaxesDo children pay New Jersey inheritance tax?
No. Children are Class A beneficiaries, and Class A beneficiaries owe no New Jersey inheritance tax, however large the inheritance.
Read the answer → TaxesDo siblings pay New Jersey inheritance tax?
Yes, above $25,000. Brothers and sisters are Class C beneficiaries: the first $25,000 is exempt, and the rest is taxed at 11% to 16%.
Read the answer → TaxesDo nieces and nephews pay New Jersey inheritance tax?
Yes. Nieces, nephews, cousins and friends are Class D: 15% on amounts up to $700,000 and 16% above, with no exemption beyond $500.
Read the answer → TaxesIs life insurance subject to New Jersey inheritance tax?
Not when it's paid directly to a named beneficiary. That's true even for siblings, nieces, nephews and friends.
Read the answer → Selling the houseDoes an inherited New Jersey house need a tax waiver before it can be sold?
Usually, yes. New Jersey real estate generally needs an inheritance tax waiver from the Division of Taxation before it can be transferred.
Read the answer →The house during the estate
Looking after the house in the meantime.
Do property taxes still have to be paid while an estate is being settled?
Yes. New Jersey property taxes keep coming due while an estate is open, generally on February 1, May 1, August 1 and November 1.
Read the answer → Carrying costsWhat should we do about insurance on a parent's empty house?
Call the insurance company. Many homeowner's policies treat a vacant house differently, and coverage can change after a home has been empty for a while.
Read the answer → Selling the houseDoes a house with a private well need a water test before it's sold in New Jersey?
Yes. Under New Jersey's Private Well Testing Act, the well water is tested before the sale, and both buyer and seller review the results before closing.
Read the answer →Read our full New Jersey probate guide → All questions and answers →
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