County Surrogate

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Honorable Bernice Toledo (D)
County Surrogate
Bernicet@passaiccountynj.org

County Court House Complex
77 Hamilton Street
Paterson, NJ 07505
Phone (973) 881-4760
Fax (973) 523-3449

Directions

The Passaic County Surrogate is an elected constitutional officer, who is acknowledged as a Judge in Surrogate’s Court. The Surrogate of your county is using authorities which trace back to the Archbishop of London and beyond the Archbishop into the Roman emperors and the Bible. As long as there have been wills, and orphans, and incapacitated, there have been judicial officers to probate the will, to appoint guardians for minors and incapacitated and to supervise the handling of their affairs

In New Jersey, the person who passes on the validity of a will, gives the executor proof of his authority to administer the estate and sees to it that the executor handles the estate properly, is called the Surrogate. Each county has a Surrogate's Court and the Surrogate is the Judge of that Court. He or she is elected for a term of five years, pursuant to the Constitution of New Jersey, by the people of the county in which he or she has jurisdiction. The word "Surrogate" means "one who speaks for another."

Today the County Surrogate administers an office which is almost certain to touch the lives of every person in the county at some time. Aside from the appointment of a guardian of the person and/or property of a minor, or the supervision of an adoption, or a hearing for an incapacitated person, for example, it is increasingly common, after death, to visit the Surrogate for the appointment of someone to handle the estate of the deceased.

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FAQ

Q: Can I challenge a probate after it is completed?

A: Yes. New Jersey Court rules set forth the time frame in which an application can be made to set aside a probate. It is 4 months from the date of probate if you live in the State of New Jersey and 6 months if you live out of the State of New Jersey.

Q: Is an attorney needed to prepare a Will or represent an Estate?

A: No. It is however strongly suggested that you seek the services of an attorney to prepare your Will to avoid defects that can cause more problems than the initial cost of having a Will drafted.

Q: How can the probate process be stopped in the Surrogate’s office?

A: By filing a caveat before the probate is begun or completed that will restrict or prohibit the Surrogate from taking any other action on the probate. To proceed, the process would have to be taken to Superior Court by Verified Complaint and Order to Show Cause for a hearing and determination.

Q: Can children, spouse or other family be disinherited under my Will?

A: Yes; however, a surviving spouse may be able to file an elective share against the Estate and a child that shows good cause may also seek to recover a share of the Estate.

Q: Will unpaid inheritance taxes become a lien on real and personal property?

A: Yes. Tax waivers will be necessary from the New Jersey Inheritance Tax Bureau to sell real estate. Waivers are filed with the County Clerk in the County where the land is located. Land held by husband and wife as tenants by the entirely need not report and may be transferred without a waiver. Personal property like bank accounts that do not meet affidavit of waiver or L-8 formula will not be fully released until the appropriate waivers are received.