Search Union County Probate Records

The Union County Surrogate's Court

The Union County Surrogate's Court is a county office, not part of the Superior Court case system. It proves wills, appoints executors and administrators, processes guardianship filings, and keeps the original probated wills. The current Surrogate is Christopher J. Hudak. The office works from the courthouse complex at 2 Broad Street in Elizabeth and can be reached at 908-527-4280.

The Union County Surrogate's official site describes the office and its services.

Unlike a Superior Court clerk, the Surrogate handles routine, uncontested estate work directly, which is why most probate begins and ends in this one office.

You can confirm the Surrogate's role and leadership on the about the Surrogate page.

That page names Surrogate Christopher J. Hudak and outlines the office's place in the county government.

How to Probate a Will in Union County

Probate is the process that proves a will is valid. Unless someone contests it, that happens at the Surrogate's office, not in front of a judge. The named executor brings the original documents and pays the fees, and the office keeps the originals. There is one timing rule that surprises people: probate cannot be completed until the day after the tenth day following the death, though you can apply earlier.

The Surrogate's probate-a-will page lists the documents the executor must bring.

A routine probate appointment usually takes about 30 to 45 minutes in the office. The ten-day rule gives time for any objection or competing will to surface before the judgment is signed. The office keeps all original and certified documents, and the executor leaves with certified copies for the work ahead.

1. Bring the original will, not a copy.
2. Bring a certified death certificate with a raised seal from the town where the person died.
3. Bring the full names and latest addresses of the closest surviving next of kin.
4. Bring payment for the probate fees by cash, check, or money order.
5. Wait for the judgment, which is not signed until after the tenth day following the death.

Intestate Administration

When a person dies without a will, the estate is "intestate." The next of kin has the right to be appointed administrator by statute. A surviving spouse or domestic partner comes first, then children. An heir may be appointed if others with equal or higher right sign renunciations giving up the role.

Administration needs the original death certificate, any renunciations, and a list of assets with approximate values. The office asks for specifics, such as a car make, model, and VIN, and a bank account name, number, and statement. A surety bond may be required to protect heirs and creditors, and the bond size depends on the amount inherited. Executors named in a will may not need a bond if the will waives it.

Not every asset goes through probate. Some property passes by operation of law depending on how title is held, such as a jointly owned account or property with a named beneficiary. Inheritance tax waivers can also be needed before certain assets transfer, and those waivers appear among the recorded document types in the county. If you are unsure whether an asset belongs in the estate, the office advises calling 908-527-4280 before you file.

Public Access to Wills and Estate Files

Probated wills are public in New Jersey. The Surrogate's FAQ says the original will remains on file in the office and is a public record that can be accessed accordingly. The executor gets a copy during probate, while the original stays with the office. Copies of probated documents can be obtained in person or by mail.

The Surrogate's FAQ page answers common questions about access, fees, and timing.

One quirk worth knowing: an estate is never considered "closed" in New Jersey, so an appointed representative may need to file accounting or refunding documents later.

Testator

The person who made the will.

Executor

The person named in a will to settle the estate.

Administrator

The person appointed to settle an estate when there is no will.

Intestate

Dying without a valid will.

Guardianship

A court role managing the affairs of a minor or an incapacitated adult.

Conservatorship

Management of the property of a person who asks for or consents to help.

Union County Surrogate Fees

The Surrogate publishes a clear fee schedule. Probate of a will runs $100 for the first two pages, with $5 for each extra page. The FAQ says typical filing costs land around $150 to $200 depending on the will's length and the estate's complexity. Common items appear below.

The full list lives on the Surrogate's forms and fees page.

Bring exact payment, since the office handles the funds at the time of probate.

Short Certificates and Estate Copies

A short certificate is the Surrogate's proof that an executor or administrator has authority to act. Banks, brokerages, and other institutions ask for it before they release estate assets. Each short certificate costs $5, and a validation within one year costs $3. The office can issue several at once if you expect to deal with multiple institutions.

For copies of probated documents, you can request them in person or by mail, and a per-estate search fee of $10 applies when staff must locate the file. There is no online Union County probate search portal, so estate copies go through the office directly. If an estate touches another state, the Surrogate can issue an exemplified will for use elsewhere, which runs $84 for two pages plus forms, with $5 for each extra page. A short certificate validation within one year costs $3, which is cheaper than buying a new one.

Guardianship Reports and Filings

The Surrogate processes guardianship paperwork for minors and for incapacitated adults. After a guardian is appointed, an Annual Report of Guardian is filed each year on the appointment anniversary, unless a judge orders otherwise. The original is filed with the Surrogate. Adult incapacity guardianship starts with a Superior Court complaint, and the filing fee for that complaint is $200.

NJ Courts offers a self-help resource for guardianship of incapacitated adults, useful before you file.

See the NJ Courts guardianship self-help page for the process and forms.

Because guardianship touches both the Surrogate and the Superior Court, it helps to confirm which office handles your step before you file.

When Probate Goes to Superior Court

Most estates never need a judge. But some do. If someone contests the will, if the original will cannot be found, or if a dispute arises among heirs, the matter can move into the Superior Court Chancery Division, Probate Part. If the original will is missing, the next of kin can apply for administration, or an attorney can ask the Superior Court to admit a copy of the will.

Adoption records are a separate, sealed category. New Jersey law keeps adoption judgments and court records under seal, opened only by court order. The confidentiality sections appear in Public Law 2014, c.9.

So while wills become public, adoption files do not, even though both can pass through county offices. When a contest is filed, the Surrogate steps back and a Superior Court judge decides the dispute, which adds time and cost compared with a routine probate handled at the office.

Union County Surrogate Contact

You can reach the Surrogate by phone or in person at the Elizabeth courthouse complex. The contact page lists the office details and directions.

See the Surrogate's contact page for hours and directions.

An attorney is not required to appear with the applicant for a routine probate, though many estates still use one. The office sits in the same downtown Elizabeth complex as the Superior Court and the County Clerk, so a single trip can cover several errands. Call ahead with the basics of the estate, and the staff can tell you what to bring before you make the drive.

Related Union County Records

For death certificates and family matters, see marriage and divorce records. For deeds and recorded documents, see the Union County Clerk. For contested estate cases, see court records. For open records generally, see public records.