Search Passaic County Probate Records

The Passaic County Surrogate's Court

The Passaic County Surrogate is Zoila Cassanova, Esq. The office handles uncontested probate of wills, estate administration when there is no will, guardianships, adoptions, and minors' funds. It works alongside the Superior Court Chancery Division Probate Part for contested or complex matters. The Surrogate is an elected New Jersey constitutional officer.

The office is appointment only. A key local detail: the office is listed at 71 Hamilton Street, but visitors must enter through 77 Hamilton Street because the 71 Hamilton entrance is closed. Hours run Monday through Friday, with a midday closure. The contact card below has the details.

How to Probate a Will in Passaic County

When a person dies with a will, the executor named in the will starts the process with the Surrogate in the county where the person lived. The Surrogate admits the will if it was properly executed and the requirements are met. Because the office is appointment only, you schedule first.

1. Confirm the decedent lived in Passaic County.
2. Schedule an appointment with the Surrogate's Court.
3. Bring the original will and a certified death certificate with a raised seal.
4. Bring names and addresses of next of kin and beneficiaries.
5. Bring a government photo ID and asset information as instructed.
6. The Surrogate admits the will and issues certificates or letters if requirements are met.

After probate, the executor handles notices to beneficiaries, gathers assets, pays debts and taxes, and distributes the estate. A short certificate from the Surrogate proves the executor's authority to act.

Processing takes time. The office notes that filed Superior Court pleadings can take up to two weeks, and sometimes longer, depending on the workload and a judge's availability. The Surrogate asks that people not call to check status during that window. Plan ahead so a deadline does not slip while paperwork moves.

Administration With No Will

When there is no will, the estate goes through administration. The Surrogate determines who may administer the estate, following a priority order. The official Surrogate FAQ lists that order as spouse first, children second, parents third, then brothers and sisters.

The closest eligible relative applies. They bring a raised-seal death certificate, names and addresses of next of kin, proof of assets held only in the decedent's name, and a government photo ID. A surety company bond may be required. The minimum administration fee starts at $125.

Small Estate Affidavits

New Jersey allows a simpler path for small estates with no will. The thresholds are specific, and the Surrogate issues the affidavit when they apply. This can also support a car title transfer through the DMV when the asset was held only in the decedent's name.

• Surviving spouse affidavit - available when there is no will and the estate is under $50,000.
• Next of kin affidavit - available when there is no will and the estate is under $20,000, with consents from other surviving heirs.

These affidavits avoid a full administration in qualifying cases. Confirm eligibility with the Surrogate, since no two estates are identical.

Passaic County Surrogate Fee Schedule

The Surrogate publishes a clear fee schedule for probate work and copies. Payment is cash or check only, and credit cards are not accepted. Checks are payable to Passaic County Surrogate Court. The table lists the main fees.

Passaic County Surrogate Index Search

To find an existing estate, the Surrogate offers an online index search. You can also visit the vault during office hours. For a copy of a will, the office asks for a written estate search request, a $10 check, and a self-addressed stamped envelope. The index search fields are below.

The index shows that a matter exists. Full images or complete probate files may need an appointment or a written request. Death certificates themselves come from the local registrar where the death occurred, not the Surrogate.

Guardianships

The Surrogate also handles guardianship matters. An incapacitated adult is declared incapacitated in the Superior Court through an order to show cause, a verified complaint, and required affidavits. The court appoints an independent attorney for the alleged incapacitated person, and a plenary hearing may follow.

Guardians have ongoing duties. An Annual Report of Guardian is filed each year on the anniversary of appointment, unless the judge directs otherwise, with forms on NJ Courts. Guardianship appointments at the Surrogate use a dedicated monitoring clerk contact.

Probate Terms Defined

Probate uses words that rarely come up elsewhere. A short glossary helps when reading a will, an estate file, or a Surrogate form. These definitions follow the Surrogate's own published glossary.

Testator

A person who makes a will.

Executor

The person or institution named in a will to carry out its terms.

Intestate

Dying without a valid will.

Administrator

A person appointed by the court to manage an estate when there is no will.

Short certificate

A document from the Surrogate proving authority to transfer or sell estate assets.

Guardian

A person appointed to care for a minor or an incapacitated person or their property.

Confidential Probate Records

Not all probate records are open. Under Rule 1:38, guardianship records and reports maintained by the Surrogate and the Chancery Division Probate Part are excluded from general public access. A spouse or family member to the third degree may have limited access, and others must show a special interest before a Superior Court judge.

So a probate index may confirm that a matter exists while detailed guardianship files stay restricted. For related estate matters, see marriage and divorce records, the Clerk of the Superior Court for court record handling, and Passaic County court records for Chancery filings. When a probate matter is contested, it moves to the Superior Court Chancery Division Probate Part rather than staying with the Surrogate.