Salem County Surrogate Court

856.935.7510 x8323
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Forms

Schedule an appointment with us before/when you submit documents to our office by calling:
856-935-7510 extensions: 8323, 8324, 8321, 8121, 8322

Note: the following forms are Microsoft Word documents.

Search requests

Complete the below form and send to the Surrogate with appropriate fee. Fee is $10.00 per name search. Include full name, date of death, if known, and start date for the records search.

Probate Forms

The probate process occurs when someone dies with a Will, and where the Will names an executor of their choosing. The Surrogate’s Court requires the original signed Will and raised seal Certificate of Death.

Administration Forms

The Administration process occurs when someone dies without a Will.  Closest next of kin have equal rights to become the Administrator of the Estate.  The Surrogate’s Court requires a raised seal Certificate of Death.

Small Estate Affidavits

A small estate affidavit by surviving spouse may be used when there is no will and the value of the estate if less than $50,000.

A small estate affidavit by next of kin may be used when there is no will and the value of the estate is less than $20,000.

To utilize this process in lieu of a full administration, the applicant must have detailed information regarding estate assets, such as account numbers and vehicle identification numbers.

Administration C.T.A.

(Administration with the Will annexed)

This process occurs when there is a Will, but the executor(s) listed in the Will is/are unable to apply, or was appointed, and is now deceased, or can no longer serve due to mental incapacity.  If no alternate is appointed in the Will, residual beneficiaries named in the Will then have the right to be named Administrator C.T.A.

Administration Ad Prosequendum

This process occurs when the decedent dies as the result of an alleged wrongful act and a lawsuit is considered. If the decedent had a Will that is probated, the need for an Administration Ad Prosequendum is not needed.

Refunding Bond & Release

Used when a distribution is made to a beneficiary.

Pursuant to N.J.S.A. 3B:23-24, an Executor or Administrator shall collect Refunding Bonds and Releases from each beneficiary upon distribution of assets.  It is necessary to file the completed Refunding Bond and Release from each beneficiary of the estate with the Surrogate’s Court.  File each refunding bond and release with a filing fee made payable to the Salem County Surrogate. (Fee:  $10 when using our form provided here; otherwise, $10 for the first two pages and $5 for each additional page thereafter.)

The Refunding Bond and Release has a dual purpose:

  • Refunding: By signing a refunding bond the beneficiary is agreeing in the event the assets distributed to them are needed at a later time to pay a debt of the estate, the beneficiary will return part or all of the assets needed to pay those debts.
  • Releasing: The beneficiary is releasing the Executor/Administrator from any liability pertaining to the administration of the estate. It discharges the Executor/Administrator from any future duties regarding the estate.
  • The Refunding Bond and Release must be signed by the beneficiary before a Notary Public or attorney.  If the beneficiary is a minor or incapacitated person, the Refunding Bond and Release must be signed by the guardian of the property. If the beneficiary is a trust, the Refunding Bond and Release must be signed by the Trustee.

To Cancel a Surety Bond:
In an Administration that required a Surety Bond, said Bond will not be cancelled by the insurance agent unless a file-stamped copy of the Refunding Bond and Release(s) is presented with a Surrogate’s Court Certificate of Filing to the agent.  To obtain this certificate, all Refunding Bonds must be filed with the Surrogate’s Court and the Administrator must submit a request and $5.00 fee for the Certificate of Filing from the Surrogate.

Miscellaneous Documents