Somerset County
Home MenuProbate/Administration of an Estate
Do you need to probate a will or administer an estate?
We will help you through that process.
On behalf of the Surrogate’s Court, please accept our deepest condolences for your loss. We will make every effort to make this process as easy as possible during this most difficult time in your life.
Definitions
Probating a will refers to the legal process through which the authenticity of a will is established. Once probated, a will becomes a permanent part of the county records.
If there is not a will, this process is called administration of an estate.
Documents
During the probate/administration process, you'll need to provide:
- a certified death certificate
- an original will (and any codicils, if applicable)
- If there is no will, you will need to provide a list of any assets solely in the decedent’s name with no beneficiary named (such as stocks, bonds bank accounts, automobiles, real estate, etc.
- identification (such as a driver's license or passport)
If there is no will, a Surety Bond - also known as Administration and Executor bonds, or Probate Bonds for the Administrator(s) of the estate - may be required.
This bond generally guarantees that all the estate debts will be satisfied and that the remaining assets will be properly distributed to the appropriate heirs. Bond amounts are determined by the Surrogate’s Court and may range in amount and cost. Amounts are usually based on the value of the estate; other factors may be considered.