Court Bonds

Which Assets are Subject to Probate in New Jersey Surrogate’s Court?


It can often be confusing to figure out which of a deceased testator’s assets are subject to probate. Here is a handy guide to figuring out which assets are required to go through probate in New Jersey.

Not all assets have to go through probate in order to reach a beneficiary. Those that do not have to pass through probate pass automatically via operation of law to beneficiaries. Whether an asset has to go through probate in New Jersey Surrogate’s Court depends on the status of an asset’s ownership.

Assets held only in the testator’s name alone such as real estate and personal property as well as money owed to the testator are required to go through probate. However, if assets are held by both the testator and another person jointly, they will generally not have to go through probate and can pass to the remaining joint owner. Similarly, assets with a beneficiary designation are generally not probate property.

If there is probate property, the New Jersey Surrogate’s Court may require you to obtain a probate surety bond in order to guarantee that the estate and its beneficiaries are protected in accordance with New Jersey state law.

Where can you purchase instant probate bonds?

Colonial Surety offers the direct and digital way to obtain probate bonds, also known as executor bonds, administrator bonds, estate bonds, and personal representative bonds. We are the insurance company — which means no agent, no broker, and no middleman. We make it easy to obtain your bond instantly. The steps are easy — get a quote online, fill out your information, satisfy underwriting requirements, and enter your payment method. Print or e-file your bond from your office. It’s that simple!