Hudson County Probate Records

Hudson County probate records are official court materials that validate a deceased person's will and subsequent proceedings to settle their real estate. Probate is the legal process for administering a deceased individual's estate to eligible entities, including creditors, heirs, or closest living relatives, beneficiaries, and devisees.

Probate records typically comprise petitions, the issuance of letters of administration or testamentary that authorize an administrator or executor, court orders, wills, notices sent to potential creditors, appraisement bills, dockets, and judicial decrees, among many others. Like other Hudson County court records, probate records ensure the lawful distribution of remaining assets to/among beneficiaries.

Researchers may seek out Hudson County probate records for various reasons, including understanding how estates are administered, confirming asset distribution, and validating a will's legitimacy.

Are Probate Records Public?

Yes. Hudson County probate records are categorized as public records. According to the New Jersey Open Records Act (OPRA), codified at N.J.S.A. 47:1A-1 et seq., public agencies are required to make specific records public, including probate records, available to the public upon request for inspection and duplication.

However, state law or court order exempts certain records from public access. These records include the following:

• Records comprising medical or health details of a deceased person.
• Records that will disclose personal information such as driver's license numbers, Social Security numbers, and other data that could result in identity theft,
• Records of ongoing criminal investigation.
• Legislative records
• Records concerning proposed guardianships or conservatorships.

Other exempted records are accessible in the N.J.S. 47:1A-1 et seq.

What is Probate Court in Hudson County?

The Hudson County Surrogate Court handles all probate suits within the county. It is a unique subdivision of the New Jersey Superior Court that oversees the probate of estate administration, wills, conservatorships, and guardianship cases.

Below is the address of the Hudson County Surrogate Court in New Jersey:

Hudson County Surrogate's Office
Brennan Courthouse,
583 Newark Avenue,
Jersey City, NJ 07306,
Tel: (201) 795-6378

Probate Court Case Lookup

To perform a Hudson County probate lookup, researchers can do any of the following options:

• Visit the Hudson County Surrogate courthouse during regular business hours to access and duplicate the given record at the location below:

Hudson County Surrogate's Office,
Brennan Courthouse,
583 Newark Avenue,
Jersey City, NJ 07306,
Tel: (201) 795-6378

• Requesters who can't visit the Hudson County Surrogate's Court physically can perform mail-in requests at the following address:

Old County Administration Building,
Room 107 595,
Newark Avenue Jersey City,
NJ 07306

Researchers will need to provide necessary identifying details, such as the decedent's full name, date of death, administrator or executor's name, and probate or docket number.

• Alternatively, online requests can be made at the eCourts online search portal managed by the New Jersey Superior Courts. Requesters must pay a nominal fee of $4 to access or duplicate records on this search portal.

How to Find Probate Records Online Free

The New Jersey Archives' official website provides an online search database for requesters to look up early land records across various counties, including Hudson County. While researchers can obtain records for free, a $25 fee applies for certified copies.

Inquirers can also search for probate records from reputable third-party online records search platforms. These platforms typically collate court records from County, State, and Federal public agencies, thus making them robust and accessible for members of the public to find a Hudson County probate record for free.

However, it is worth noting that a fee will be applied for extensive and complicated record searches, whether via official public agency platforms or third-party sites. Furthermore, researchers must pay for requests regarding a probate case record's printing, certification, exemplification, or mailing.

How Long Does Probate Take in New Jersey?

In New Jersey, the average time for probate cases to be finalized is 6-18 months. However, this timeline may be impacted by the following:

• The estate's complexity
• The will's validity and clarity
• Tax and existing legal issues
• The court's availability

Are Wills Public Record?

Yes. A will is considered a public record if it has been filed with the Hudson County Surrogate's Court. Thus, members of the public may request access to the records for investigation and to make copies.

However, while the public can access the will itself, certain sections or details are sealed or redacted as confidential by court order.

How to Find Out If Someone Has a Will

While an individual is still alive, their will is considered private to the public, and legal access to the will is exclusive only to the testator and their attorney. Thus, to confirm if a person has a will, one will need to obtain the testator's permission or ask the testator themselves directly.

On the other hand, if a testator dies, individuals can request a copy of the will at the probate court in the county where the testator lived, died, or had real properties. New Jersey laws don't demand testators to deposit their wills with the surrogate courts in their counties of location. Thus, if the will is not found with the Hudson County Surrogate Court, requesters will need to contact the decedent's estate executor or planning attorney (if known) or search through the deceased's storage locations to locate the document.

Hudson County Family Court Case Search

Interested members of the public may search for a Hudson County Family Court case record at the New Jersey Superior Court Family Division. This division handles matters regarding divorce, paternity, custody, domestic violence, family crisis, child support, and juvenile delinquency, among others.

Hudson County Family Division
595 Newark Avenue,
#1 Jersey City, NJ 07306