Somerset County Probate Records

The Somerset County Surrogate's Court

The Somerset County Surrogate's Court is the county office responsible for probate and related estate matters. Bernice "Tina" Jalloh, Esq. serves as the Somerset County Surrogate Judge. She was sworn in on January 1, 2021, and her term runs through December 31, 2030. The office is located at 20 Grove Street in Somerville, the same county complex that houses the County Clerk. Visits require an appointment. Staff will not take walk-ins during standard hours for most probate matters.

Office hours are Monday through Friday, 8:30 a.m. to 4:30 p.m., except on public holidays. On Wednesdays the office stays open until 6:00 p.m. for those who cannot come during the day. The Surrogate also holds remote Saturday hours on select third Saturdays from 9:00 a.m. to 12:00 p.m. at the Franklin Township Community/Senior Center, 505 DeMott Lane, Somerset. Published 2026 dates are listed on the county site. This extended access helps families in different parts of the county avoid a weekday trip to Somerville.

What the Somerset Surrogate Handles

The Surrogate's role goes well beyond just probating a will. The office covers a range of matters tied to estates, minors, and people who can no longer manage their own affairs. Understanding the full scope helps you decide whether your matter belongs here or in the Superior Court.

Probate of wills is the core function. When someone dies and leaves a will, the Surrogate reviews the document, finds it valid, and makes it part of the official county record. The Surrogate then qualifies the executor named in the will to act on behalf of the estate. When there is no will, the Surrogate qualifies an administrator to handle the estate instead. Trustees are also qualified through the Surrogate when a trust must be administered after death.

Beyond estate work, the office acts as custodian of minor estate funds and oversees how minors' assets are managed and spent until they reach adulthood. The Surrogate also handles mental incompetency filings and conservatorships for adults who cannot manage their own affairs. Adoptions of both minors and adults are processed through the Surrogate's Court as well. Each of these matters results in a record filed with the office and kept as part of the permanent county record system.

• Probating wills and making them part of county records.
• Qualifying executors, administrators, and trustees.
• Issuing letters testamentary and letters of administration.
• Custodianship of minor estate funds until majority.
• Mental incompetency determinations and conservatorships.
• Adoptions of minors and adults.

Somerset County Probate Terms You Should Know

Probate documents and forms use legal terms that are not always clear to someone going through this process for the first time. The definitions below cover the words you will see most often when working with the Somerset County Surrogate's Court. Reading them first makes the forms easier to complete and the overall process easier to follow.

Probating a will

The legal process of proving that a will is valid and authentic. Once the Somerset County Surrogate accepts and probates a will, it becomes a permanent part of county records and the named executor can begin acting on its terms.

Administration of an estate

When someone dies without a will, the estate does not go through probate. Instead, the Surrogate opens an administration, and the court qualifies an administrator to settle the estate under New Jersey intestacy law.

Testator

The person who wrote and signed the will. The testator must have been of legal age and sound mind at the time the will was made and executed.

Executor

The person named in the will to carry out its terms. The executor pays the estate's debts, files required tax returns, and distributes assets to heirs. The Surrogate must formally qualify an executor before that person can act.

Intestate

Dying without a valid will. In New Jersey, intestate estates follow a statutory order that starts with a spouse and children and moves out to more distant relatives when there are no closer heirs.

Guardianship

A court-supervised arrangement in which one person is authorized to make decisions for another who cannot do so, such as a minor child or an incapacitated adult. Guardianship records held by the Surrogate are confidential and restricted.

Conservatorship

A legal arrangement in which the court appoints someone to manage the finances and property of a person unable to do so themselves. The Somerset County Surrogate's Court processes conservatorship matters for county residents.

How to Probate a Will with Somerset County eProbate

New Jersey allows most initial probate filings to be started online through the eProbate system, hosted by Bluestone on behalf of the county's Surrogate offices. Somerset County uses this system for both probate of a will and administration of an estate. It is not designed for cases that have already been filed, nor for requests for additional documents in an estate already in process. If your matter falls into that category, contact the Surrogate's office by phone or email instead of using the online form.

After you submit, a Probate Clerk will reach out to you directly to continue the process. Do not call to follow up right away. Submissions are handled in the order received, and the clerk will make contact once your file is reviewed.

1. Go to the probate an estate page on the county site and follow the eProbate link.
2. From the county dropdown, choose Somerset County.
3. Answer the question about whether there is a will. Select "Will" if one exists or "No Will" if the person died intestate.
4. Click "Proceed to Data Form" to open the online filing form.
5. Upload the certified death certificate when prompted. This is required for every filing.
6. If there is a will, upload the original will and any codicils. Codicils are amendments made to the will after it was first signed.
7. Complete the decedent and fiduciary data fields with the names, dates, and addresses the form asks for.
8. Submit the form. A Probate Clerk will contact you to confirm next steps and schedule any needed follow-up.

Note: If you cannot upload documents through the online system, the county instructs filers to call the office and arrange an in-person appointment to proceed.

eProbate Form Fields for Somerset County Filings

Knowing what the system will ask before you open the form saves time. The table below lists each field or control in the Somerset County eProbate system, its input type, whether it is required, and notes on how to use it. Have the death certificate and will scanned and ready before you start. Missing documents will stop the submission.

Documents You Need for Somerset County Probate

Having the right paperwork ready before you contact the Surrogate's office makes the process much faster. What you bring depends on whether the decedent left a will. A missing document can delay the filing and push back the date a Probate Clerk can process the estate.

For a probate of will, you need a certified death certificate from the vital records office, the original will and any codicils, and a valid photo ID such as a driver's license or passport. The will must be the original signed document, not a photocopy. If the will was kept in a safe deposit box or with an attorney, retrieve it before filing. A photocopy will not be accepted in place of the original.

For an administration without a will, the county requires a certified death certificate, valid photo ID, and a list of the decedent's solely owned assets that have no named beneficiary. This list helps the Surrogate set the surety bond amount if one is needed. Jointly held property and accounts with beneficiary designations typically pass outside the estate and do not need to be listed, but confirm the specifics with the Surrogate's office or a New Jersey estate attorney before you file.

Administration Without a Will in Somerset County

When a Somerset County resident dies without a valid will, the estate does not go through probate. The process is called administration of an estate. The Surrogate qualifies a person, known as the administrator, to step in and handle the estate's debts and distribution. Administrators are usually close family members: a surviving spouse, an adult child, or a parent. If no family member is available or willing to serve, others may petition the court.

One key difference in an administration is the surety bond. When there is no will, the Surrogate may require the administrator to post a surety bond before acting on behalf of the estate. A surety bond protects the heirs from losses if the administrator mishandles estate funds or fails to follow through on obligations. The Surrogate's Court sets the bond amount based on the value of the estate and other factors specific to each case. Not every administration requires a bond. The Surrogate reviews each matter and decides based on the facts presented.

Contested matters are handled differently. A dispute about who should serve as administrator or a challenge to the way the estate is being distributed goes to the Superior Court Chancery Division, Probate Part. The Surrogate handles uncontested intake; the Superior Court handles disputes. If your matter is already in dispute, you may need to file directly with the Superior Court rather than starting at the Surrogate's office.

Note: Bring a complete and accurate list of solely owned assets to your appointment or upload it with your eProbate submission, since this list is used to calculate any required bond amount.

Somerset County Surrogate Forms

The Surrogate's office uses a set of standard forms for different case types. The right form depends on the nature of your filing. Most forms can be downloaded from the case information forms page on the county site. Some are submitted by email or fax; others are brought to an appointment or uploaded through eProbate. Call 908-231-7003 if you are not sure which form applies to your matter.

The Probate of Will Case Information form covers decedent name and date of death, original will and codicil details, executor information, and a list of heirs with dates of birth and current living status. Asset pages for administrations are a separate form used when no will exists. Both types of forms can be submitted by email or fax, per the county's instructions on the case forms page.

• Administration Case Information
• Administration Questionnaire
• Affidavit of Next of Kin Case Information
• Affidavit of Surviving Spouse Case Information
• Asset Page for Administrations
• Guardianship Annual Report of Well Being
• Minor's Case Information
• NJ MVC Beneficiary Transfer
• Probate of Will Case Information
• Refunding Bond Release
• Testamentary Trust Case Information

Filing Fees at the Somerset County Surrogate

The complete Surrogate fee schedule was not located in the official sources available. The county does not appear to publish a current fee table online for probate filings. Before you file, contact the Surrogate's office directly at 908-231-7003 or by email at SurrogatesOffice@somersetcountynj.gov to confirm what fees apply to your specific matter. Fees can vary based on case type, estate size, and whether a surety bond is required. Bring your fee questions to your first appointment or include them when you email before submitting through eProbate.

Guardianship and Confidential Somerset County Probate Records

Not all records filed with the Surrogate are open to the public. Guardianship records and reports maintained by the Surrogate's Court and the Superior Court Chancery Division, Probate Part are restricted under Court Rule 1:38. Access is limited to family members with a direct interest and to authorized professionals. The general public cannot view a guardianship file without a court order.

When a guardianship or conservatorship matter becomes contested, the case moves from the Surrogate's Court to the Superior Court Chancery Division, Probate Part. That court has broader authority to hold hearings, take evidence, and issue orders when parties disagree. A guardianship that starts at the Surrogate level can reach a Superior Court judge if there is a dispute about who should serve or how the ward's affairs should be managed.

Adoption records are also sealed. Original court orders and birth certificates related to an adoption can only be opened by court order. Mental health and civil commitment records follow their own restriction rules under state statute and court rule. If you are unsure whether a file is public or restricted, call the Surrogate's office before making the trip to Somerville.

Related Somerset County Records

Settling an estate often touches records held by more than one office. After the Surrogate qualifies an executor or administrator, the estate may need to record land transfers, obtain certified copies of documents, or search prior court filings. Each of those tasks runs through a different office in the county complex.

The Somerset County Clerk handles land records, deed recording, and certified copies of documents filed with that office. If an estate includes real property, the executor may need to record a deed or transfer title through the County Clerk. The Clerk's office is also at 20 Grove Street, Somerville, so both offices share the same building complex.

Court records from contested probate matters end up in the Superior Court system. Somerset County court records are searched through NJ Courts, not through the Surrogate's office. If a will was challenged or an administration dispute went before a judge, the case files would be in the Superior Court Chancery Division and accessible through the statewide case search. The Clerk of Court handles copies of Superior Court files after a case closes.

For marriage and divorce records, including certified copies that may be needed to establish an heir's identity or a surviving spouse's status, see the Somerset County marriage and divorce records page. Those records are held separately from probate files and require their own request process through the state vital records office.