What to Do When Someone Dies in New Jersey
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
New Jersey probate is often notably simple when there's a valid, uncontested will - typically handled directly through the County Surrogate's office without needing a judge involved. New Jersey has a state inheritance tax based on the beneficiary's relationship to the deceased, though it no longer has a separate state estate tax.
New Jersey’s probate process is often simpler than families expect, though its inheritance tax system deserves attention.
Death certificates
Certified death certificates in New Jersey are issued through the New Jersey Department of Health Vital Statistics office, or often through the local registrar. The funeral home typically handles ordering these on your behalf.
Probate can be simpler than expected
When there’s a valid, uncontested will, New Jersey probate is typically handled directly through the County Surrogate’s office, without needing to appear before a judge — making this process relatively quick and straightforward compared to more heavily court-supervised systems in some other states.
New Jersey’s inheritance tax
New Jersey previously had both a state estate tax and an inheritance tax, but repealed its separate estate tax some years ago. New Jersey still maintains a state inheritance tax, based on the beneficiary’s relationship to the deceased:
- Spouses and children are generally exempt or taxed favorably
- More distant relatives or unrelated beneficiaries generally face different rates
This is handled through the New Jersey Division of Taxation, separate from the probate process, and may require its own specific filing depending on the estate.
Where to get help
- New Jersey Department of Health for death certificate questions
- The County Surrogate’s office for probate process questions
- New Jersey Division of Taxation for inheritance tax questions
- New Jersey State Bar Association for attorney referrals, including estate and probate specialists
New Jersey law can change, and specific tax rates are adjusted periodically. This is general educational information, not legal or tax advice — please consult a New Jersey-licensed attorney or accountant for guidance specific to your situation.
Frequently asked questions
How do I get a death certificate in New Jersey?+
The funeral home typically orders certified copies through the New Jersey Department of Health Vital Statistics office, or the local registrar, on your behalf.
Is probate complicated in New Jersey?+
Often not, for straightforward cases — when there's a valid, uncontested will, probate is typically handled directly through the County Surrogate's office without needing to appear before a judge, making it relatively quick compared to more heavily court-supervised processes in some other states.
Does New Jersey have both an estate tax and an inheritance tax?+
New Jersey previously had both, but repealed its separate state estate tax some years ago. New Jersey still has a state inheritance tax, based on the beneficiary's relationship to the deceased — spouses and children are generally exempt or taxed favorably, with different rates for more distant relatives or non-relatives.
Where does the inheritance tax process happen?+
This is generally handled through the New Jersey Division of Taxation, separate from the probate process itself, and may require its own specific filing depending on the estate and beneficiaries involved.
Sources
Related glossary terms
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