Probate Lawyer Burlington County, NJ — Estate Administration & Trust Litigation
If you are handling an estate in Burlington County, you need a knowledgeable probate lawyer. Burlington County probate involves the Superior Court, Surrogate’s Office, and specific New Jersey inheritance tax rules. Law Offices Of SRIS, P.C. provides full representation for the probate court process, estate administration after death, and related fiduciary litigation.
New Jersey Probate Law and Estate Administration
In New Jersey, probate is the legal process of administering a deceased person’s estate. This involves validating the will, appointing an executor or administrator, inventorying assets, paying debts and taxes, and distributing property to beneficiaries. The process is governed by the New Jersey Probate Code (N.J.S.A. 3B:1-1 et seq.) and the New Jersey Uniform Trust Code (N.J.S.A. 3B:31-1 et seq.). While New Jersey repealed its state estate tax in 2018, an inheritance tax still applies to certain beneficiaries based on their relationship to the decedent.
Last verified: March 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official New Jersey Legal Resources
For the full text of the statutes governing probate and trusts, refer to the New Jersey Statutes (official NJ Legislature). For court forms and local procedures, visit the Burlington Vicinage website (official NJ Courts).
The Probate Court Process in Burlington County
The probate court process in Burlington County typically begins at the Surrogate’s Court located in the county courthouse in Mount Holly. For clear estates with a valid will, the process can be relatively simple. However, complications such as will contests, disputes among heirs, or complex asset structures require litigation in the Superior Court, Chancery Division, Probate Part. An experienced probate lawyer Burlington County can manage these details.
- File the will and death certificate with the Burlington County Surrogate’s Court to officially open the estate and receive Letters Testamentary (for an executor) or Letters of Administration (if no will).
- Notify all heirs, beneficiaries, and creditors. Publish a notice to creditors in a local newspaper as required by law.
- Inventory all estate assets, manage them, and pay valid debts, expenses, and taxes, including any applicable New Jersey inheritance tax.
- Prepare and file a formal accounting with the court, detailing all financial activity of the estate.
- Distribute the remaining assets to the rightful beneficiaries according to the will or state intestacy laws and obtain receipts.
- File a final accounting and petition the court for a discharge, formally closing the estate.
Potential Issues in Estate Administration
In Burlington County, estate administration can involve significant delays from tax waivers, will contests that freeze assets, and fiduciary disputes over executor actions.
| Issue | Legal Classification | Potential Outcome | Financial Impact |
|---|---|---|---|
| Will Contest | Chancery Court Litigation | Estate frozen during case; will upheld or invalidated. | High legal fees; distribution delayed. |
| Breach of Fiduciary Duty | Surcharge Action | Executor removed; personal liability for losses. | Executor may be required to repay estate. |
| Inheritance Tax Dispute | NJ Division of Taxation | Taxes, interest, and penalties assessed. | Reduces net estate value for beneficiaries. |
| Intestate Succession | Statutory Distribution | Assets distributed per NJ intestacy laws, not personal wishes. | May exclude intended beneficiaries. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Trust and Estate Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm’s approach to estate law is built on a deep understanding of New Jersey’s probate code and trust laws. We handle all phases, from drafting wills and trusts to guiding executors through the probate court process and litigating will contests or fiduciary disputes. We represent clients in Burlington County and throughout New Jersey.
Representing Burlington County Clients
Our firm is committed to providing clear guidance through the estate administration process. We help executors and administrators fulfill their duties, defend beneficiaries’ rights, and resolve disputes efficiently. While specific local case results are not available for this topic, our firm-wide experience informs our approach to each Burlington County case.
Results may vary. Prior results do not aim for a similar outcome.
Probate Lawyer Near Burlington County, NJ
Our New Jersey location serves clients in Burlington County and the surrounding communities. We are accessible from major routes including the NJ Turnpike and I-295.
Communities Served: Mount Holly, Mount Laurel, Moorestown, Burlington City, Cinnaminson, Evesham, Medford, Bordentown, Pemberton, Willingboro, Marlton.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Probate & Estate Administration FAQs
What does a probate lawyer in Burlington County do?
A probate lawyer Burlington County guides the executor or administrator through the legal process of settling an estate. This includes filing documents with the Surrogate’s Court, managing assets, paying debts and taxes, handling the probate court process, and distributing property to heirs, all in compliance with New Jersey law.
How long does estate administration take in New Jersey?
It depends on the estate’s complexity. A simple, uncontested estate may be settled in 9 to 12 months. Estates with disputes, tax issues, or hard-to-value assets can take 18 months or longer. The timeline for estate administration after death is affected by court schedules and the efficiency of gathering required documents.
Does New Jersey have an estate or inheritance tax?
No and yes. New Jersey repealed its state estate tax effective January 1, 2018. However, New Jersey still has an inheritance tax that applies to assets left to certain classes of beneficiaries, like siblings, nieces/nephews, and friends, with rates from 11% to 16%.
What happens if someone dies without a will in Burlington County?
They die “intestate.” New Jersey intestacy laws (N.J.S.A. 3B:1-1 et seq.) determine how assets are distributed, typically to the closest surviving relatives like a spouse and children. The court will appoint an administrator to handle the estate administration, which can be a more complex process than if a will existed.
Can an executor be paid in New Jersey?
Yes. New Jersey law allows an executor to receive a commission for their services. The statutory commission is 5% on the first $200,000 of estate assets, 3.5% on the next $800,000, and 2% on amounts over $1 million. The commission is subject to court approval.
Related Legal Services in Burlington County
Our firm assists with a range of related matters. For business succession planning, see our Burlington County business lawyer page. For disputes involving contracts or other civil matters, visit our Burlington County civil litigation lawyer page. For a full overview of our estate planning services in New Jersey, see our New Jersey estate lawyer hub. We also serve neighboring counties like Camden County and Atlantic County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.