📋 File Probate Online via eProbate

Probate a will entirely online through the eProbate system. You'll need:

• Certified death certificate (scanned or photo)
• Original will and any codicils
• Valid photo ID
• Credit card for payment

After submission, a Probate Clerk will contact you with next steps.

📅 Book an In-Person Probate Appointment

Book online and bring:

• Certified death certificate
• Original will and any codicils
• Valid photo ID
• Payment — credit card, cash, or check

📬 File Probate by Mail

Download and complete Form A Fillable PDF, then mail with:

• Completed Form A
• Certified death certificate
• Original will and any codicils
• Check payable to Morris County Surrogate

📋 File Administration Online via eProbate

When there is no will, this is called Administration. File online with:

• Certified death certificate
• List of assets solely in decedent's name with no named beneficiary
• Valid photo ID
• Credit card for payment

📅 Book an Appointment for Administration

Bring the following:

• Certified death certificate
• List of assets solely in decedent's name
• Valid photo ID
• Payment — credit card, cash, or check

📬 File Administration by Mail

Download and complete Form B Fillable PDF, then mail with:

• Completed Form B
• Certified death certificate
• List of assets solely in decedent's name
• Check payable to Morris County Surrogate

🤔 Not Sure If There's a Will?

Here's how to find out:

• Check with family, the decedent's attorney, or their bank — wills are sometimes in safe deposit boxes
• Search our records — the decedent may have deposited a will with this Court
• Call or email us — we can help you determine the right process

If no will is found, you'll file for Administration ($125) instead of Probate ($100).

🛡 Guardianship — Incapacitated Adult

Adults are declared incapacitated in Superior Court through an Order to Show Cause, Verified Complaint, and required affidavits. The court appoints an independent attorney to represent the alleged incapacitated person. Upon adjudication, the Surrogate qualifies the Guardian(s) and issues Letters of Guardianship.

Application Types

• Title 30 (DDD): Person is developmentally disabled AND eligible for/receiving DDD services (Autism, Down's Syndrome, etc.)
• Title 3B (DD): Person is developmentally disabled but NOT eligible for DDD services
• Title 3B (Private): All other applications (dementia, Alzheimer's, accident-related injury, etc.)

DDD vs. Private Filing — Key Differences

📄 Private Pro Se Guardianship Forms

For Title 3B (Private) and Title 3B (DD) filings.

• Private Pro Se Guardianship Checklist (DOC) — Start here
• Case Information Statement (PDF)
• Private Packet for Guardianship of Person & Property (DOCX)
• Guardian Background Screening Acknowledgment (PDF) — Not needed if parent or spouse

📄 DDD Pro Se Guardianship Forms

For Title 30 (DDD) filings only.

• DDD Pro Se Guardianship Checklist (DOC) — Start here
• Case Information Statement (PDF)
• DDD Packet for Guardianship of Person & Property (DOCX)
• Guardian Background Screening Acknowledgment (PDF)

DDD Supporting Certifications:

• Second Affidavit from Physician or Psychologist (PDF)
• Cover Page for IEP (PDF)
• Affidavit from Licensed Care Professional (PDF)

📝 Steps to File

1. Print and review the appropriate checklist (Private or DDD) — it shows you every step.
2. Open Packets using Microsoft Word (not a PDF viewer). Formatting may be altered otherwise.
3. Complete all forms. Check formatting, proofread, and fill in every field.
4. For Private filings: obtain two separate doctor's certifications with exam dates within 30 days of filing.
5. Date and sign all documents. We require originals.
6. Submit your completed packet with the $200 filing fee.

🛡 Guardianship — Minor's Property (Estate)

Appointed when a Morris County resident under 18 is expected to receive assets greater than $5,000/year — commonly from a monetary settlement, but may include stocks, bonds, real estate, or beneficiary proceeds. Funds are placed in the Surrogate's Court Intermingled Trust Account.

📄 Forms You Need

• Minor Guardianship Info Sheet (PDF) — Fill out and bring to your appointment
• Renunciation of Guardianship (PDF) — If applicable

📝 Steps to File

1. Download and complete the Minor Guardianship Info Sheet above.
2. Gather the minor's original birth certificate and social security card — both are required.
3. Prepare the $50 filing fee.
4. Schedule an appointment with the Surrogate's Court.
5. Bring all documents and the filing fee to your appointment.

📞 Guardianship of the Person of a Minor

Guardianship of the person of a minor — meaning medical, educational, and day-to-day care decisions — is generally filed through the Morris County Family Division of Superior Court, not the Surrogate's Court.

We recommend contacting them directly for guidance on this process.

🛡 Not Sure About Guardianship?

Guardianship is typically needed when:

• An adult (18+) can no longer make decisions due to dementia, Alzheimer's, or a serious accident
• A minor is expected to receive money or assets over $5,000/year
• A minor's parents have passed away, are incapacitated, or have had parental rights terminated

Contact us and we'll help determine which type applies.

📝 Guardianship Reporting

As a Guardian, you are required to file periodic reports with the Surrogate's Court. Annual Reports are due every year within 14 days of the anniversary of your Judgment date. Your judgment will specify which reports apply to you.

📄 Annual Report Forms

• Cover Page (PDF)
• Well-Being Packet (PDF)
• EZ Accounting (PDF)
• Comprehensive Accounting (PDF)
• Inventory (PDF)

📄 Final Reports — Ward Has Passed Away

• Final EZ Accounting (PDF)
• Final Comprehensive Accounting (PDF)

📄 Additional Blank Pages

• Blank Doctor's Certification (PDF)
• Additional Disbursements Page (PDF)

📖 Detailed Instructions

• Cover Page Instructions (PDF)
• Inventory Instructions (PDF)
• Well-Being Report Instructions (PDF)
• EZ Accounting Instructions (PDF)
• Comprehensive Accounting Instructions (PDF)

💡 Tips & Reminders

Well-Being Report:

• It is your responsibility as legal guardian to be aware of your ward's medical care.
• Answer every question yourself, even if your ward is in a facility.
• Do not refer to attachments in your answers.
• Only one Certification by Examining Professional is required — please do not attach IHP reports.
• We do not charge any fee for cover pages or well-being reports.

Accounting:

• You do not need to supply statements unless we ask for them.
• Please label your Accounting with your reporting range dates.
• This year's beginning balance should match last year's ending balance.
• There is a $5 per page fee for financial reports (SS Report, EZ Accounting, Comprehensive Accounting).

Co-Guardians: All co-guardians must report. They may sign the same reports or send their own — but there must be a cover page for each co-guardian. (Co-guardians who live together may use one cover page with all names.)

👥 Add or Replace a Guardian

If you need to add an additional guardian or substitute an existing one, use the appropriate packet below.

📄 Add a Co-Guardian

Use this when adding an additional guardian to work alongside an existing guardian.

📄 Substitute a Guardian

Use this when a new guardian is replacing a previously appointed guardian.

⚠️ Concerns About a Guardianship

Friends and family of the person under guardianship have the right to check on the guardianship. They can verify the person is being treated fairly and ask the court to review financial records. The guardian has a responsibility to show they are doing the right thing.

Any party-in-interest can file a motion. This includes the guardian themselves, the ward, or friends and family.

Reasons to File a Motion

• Modify guardianship protection (such as reducing the amount of a surety bond)
• Modify reporting requirements
• Review a guardian's conduct
• Review a guardianship

📚 Training & Resources

Types of Guardianship

• Guardianship of the Person & Estate — Guardian handles both well-being and finances.
• Guardianship of the Person Only — Guardian handles only well-being.
• Guardianship of the Estate Only — Guardian handles only financial affairs.

General vs. Limited Guardianship

• General Guardianship — Guardian can exercise all rights and powers on behalf of the person.
• Limited Guardianship — Less intrusive; the person under guardianship can still make some decisions for themselves.

📖 NJ Courts Brochures

• Guardianship of the Person (PDF)
• Guardianship of the Estate (PDF)
• Guardianship Reporting Forms (PDF)

🎓 Additional Resources

• Court-Appointed Guardian Video Tutorial (YouTube)
• Guide to Guardianship Reporting Forms (PDF)
• Guide to Guardianship of the Person (PDF)
• Guide to Guardianship of the Estate (PDF)

📄 Other Guardianship Forms

Additional forms for specific guardianship situations.

Partial Withdrawal Packet for Minor Fund

Used when requesting a partial withdrawal from a minor's guardianship fund held in the Surrogate's Intermingled Trust Account.

Renunciation of Guardianship

Used when a person entitled to apply as guardian formally renounces (waives) that right.

Minor Guardianship Info Sheet

Fill out and bring to your appointment when filing for guardianship of a minor's property.

♥ Adoptions in Morris County

The Surrogate's Court processes all adoptions — agency, private, step-parent, and adult. The Surrogate reviews and files the Complaint for Adoption, Order Fixing Date for Hearing, and Final Judgment of Adoption.

Adoptions Clerk — Mary Ellen Grundy
📧 MGrundy@co.morris.nj.us

🔍 Search Probated Estates / Find a Record

Search the index of estates on record in Morris County from 1804 to the present. Updated every 24 hours. If you find a record and need copies, here are the fees:

📄 Downloadable Forms

All forms below are fillable PDFs — type directly into them on your computer, then save and print.

📋 Short Certificates — Pricing & How to Order

A Short Certificate (Testamentary or Administration) is your proof of appointment as Executor or Administrator. Banks, title companies, and financial institutions typically request these.

📞 Please Call Our Office to Request This Document

Copies of Wills, Certified Copies of Wills, and Exemplifications require staff review before they can be produced. To request one of these documents, please call our front desk and speak with a clerk.

🤔 Not Sure Which Document You Need?

• Short Certificates ($5/page) — proof you're Executor/Administrator. Banks and title companies ask for these.
• Copy of a Will ($3/page) — uncertified, for personal records.
• Certified Copy ($50 + $5/page) — court-certified for legal/financial transactions.
• Exemplification ($75 + $5/page) — specially certified for filing in another state.

Email or call us and we'll help you figure out exactly what you need.

📘 Guide for Executors & Administrators

If you've just been appointed, here are your responsibilities:

• Serve Notice of Probate within 60 days to all interested parties. Download form ↗
• Marshal all assets — open estate checking account, identify and gather everything
• Pay all debts and taxes
• Commissions: 5% on first $200K · 3.5% on $200K–$1M · 2% over $1M
• Prepare accounting — informal accounting for all parties ($5/page)
• Distribute the estate per the will (or NJ intestate law)
• Collect Refunding Bond & Release from each beneficiary. Download form ↗ ($10 first 2 pgs, $5/pg after)

💰 Inheritance & Estate Taxes

NJ Inheritance Tax — based on beneficiary's relationship:

• Class A (spouse, children, grandchildren, parents) — Exempt
• Class C (siblings, in-laws) — Exempt first $25K; 11–16% above
• Class D (all others) — Exempt ≤$499; 15–16% above
• Class E (charities) — Exempt

NJ Estate Tax: No NJ Estate Tax on estates after 2018.

Federal Estate Tax (2026): $15M exemption per person ($30M married).

📚 Publications & Educational Resources

Surrogate Video Library — 25+ short clips and full sessions on probate, wills, guardianship, adoption, executor duties, and more.

🎤 Request a Speaking Engagement

Surrogate Heather J. Darling, Esq. is available to speak at your event on probate, wills, trusts, estate planning, and guardianships.

Contact: Christina Ramirez · 📧 cramirez@co.morris.nj.us

💰 Free & Low-Cost Services from Our Office

Many of these services are available at low cost or free of charge — and you may not even know about them.

📋 Full Probate Fee Schedule

Complete list of official probate fees, affidavit fees, and additional charges.

Section 1: Official Probate Fees

Section 2: Affidavit Fees

Higher amount only will be no more than $50.

Note: The above fees do not include renunciation fees, which are $5 per renunciation/person.

Section 3: Extra Fees

This section outlines additional fees that may apply to certain filings or documents.

Estate EIN (Tax ID Number)

A deceased person's estate becomes a separate legal and tax entity, so it needs its own Employer Identification Number (EIN). Because the decedent's Social Security number is no longer active, the EIN serves as the estate's tax ID for managing finances, opening bank accounts, and reporting income during probate. You can apply for one through the IRS at no cost using the link below.

L-8 and L-9 Tax Forms

These are the New Jersey Inheritance Tax forms that banks and financial institutions often ask for. You can download them directly below at no charge, or we can email them to you.

Updated Certificates (Short Certificates)

If you've already probated an estate and need an updated or additional certificate, you can request one directly from our office for $5 per certificate.

Exemplified Copies

An exemplified copy is an official, certified copy of a probated estate file that can be used in other states or jurisdictions. The cost is $75 for the first two pages, plus $5 for each additional page. Contact our office to request one.

Surety Bonds

If you are administering an estate without a will (or in certain other situations), a surety bond may be required. This is something our office discusses with you during the probate process. Below are some bonding companies you can contact to compare fees:

This list is provided for informational purposes only. The Morris County Surrogate's Court does not endorse any particular bonding company. We recommend contacting multiple agencies to compare rates.

Custodial Accounts

Custodial accounts may be set up when a minor is entitled to receive assets from an estate. Because these situations involve specific timeframes and individual circumstances, each case is handled on its own basis. Contact our office so we can walk you through the options that apply to your situation.

Conservatorship

Conservatorship matters are generally handled through the Superior Court and typically involve adults who may be incapacitated or unable to manage their own affairs. While the Surrogate's Court does not usually handle these cases directly, special circumstances may arise. If you have questions, our office can help point you in the right direction.