Bergen County, New Jersey Probate Court Records

In Bergen County and other parts of New Jersey, the probate court is known as the Surrogate Court. This specialized court is responsible for handling the legal issues related to a deceased person’s estate. These include admitting a decedent’s Last Will and Testament to probate, appointing estate administrators in instances where there is no will, supervising the appointment of guardians, and administering adoptions and incapacitated-person cases.

The probate process in Bergen County encompasses activities such as identifying and gathering assets, paying genuine debts, expenses, and taxes, and distributing the remaining property to beneficiaries. However, these activities can only take place after a will has been probated and an executor (or an administrator) has been appointed.

Based on statewide probate guides and archival descriptions of Bergen County surrogate records, a standard Bergen County probate case file may contain the following documents:

1. Last Will & Testament: Legal document in which the decedent (Testator) states how their assets (i.e., estate) should be distributed.
2. Petition for Probate/Application for Letters: A petition requesting the Surrogate’s Court to admit the will to probate and appoint the executor, or, if there is no will, to appoint an administrator.
3. Order Admitting Will & Letters Testamentary/Letters of Administration:The Order Admitting Will to Probate officially validates a Will, while Letters Testamentary (with Will) and Letters of Administration (No Will) grant the executor (named in a Will) or administrator the authority to manage the decedent’s assets.
4. Estate Inventories and Appraisals: Lists of the decedent’s real and personal property, often with values.
5. Creditor Claims and Related Orders: Claims filed by creditors with the executor/administrator of the decedent’s estate.
6. Court Orders and Decrees: These are court-issued documents granting accountings, authorizing sales of property, appointing or removing fiduciaries, or resolving disputes.
7. Guardianship Petitions and Orders: These documents seek the appointment of a guardian for a minor or an incapacitated adult, including judgments of incapacity and Letters of Guardianship, and ongoing guardian reports and accountings
8. Accountings (Interim and Final): Details of formal or informal accounts showing all money and property that came into and went out of the estate or guardianship.
9. Receipts, Releases, and Final Discharge Documents:Receipts and releases signed by beneficiaries acknowledging they received their shares and releasing the fiduciary from further liability.

Public Access to Probate Court Records in Bergen County

The Bergen County Surrogate’s Court maintains probate records in Bergen County as part of the New Jersey Judiciary. Therefore, New Jersey Court Rule 1:38 and the Judiciary directive govern access to probate records and not just the Open Public Records Act (OPRA) alone. Although the OPRA generally considers government records as open, the Act recognizes the authority of Rule 1:38 over court records.

Bergen County probate records are generally public according to New Jersey Court Rule 1:38. Under New Jersey Court Rule 1:38-1, court and administrative records kept by the judiciary are “open for public inspection and copying” unless an exception in the rule applies. Since the Surrogate acts as the Judge of the Surrogate’s Court of Bergen County, the case files maintained by the record keeper are treated as judicial records. This stance is reinforced by Directive #08-07 – Public Access to Surrogates’ Judiciary Records, which states that all case records maintained by Surrogates are generally available for public inspection and copying, except for a limited number of confidential documents that are expected to be removed before making the file accessible to the public.

Consequently, the public may access Bergen County ordinary estate or probate files (e.g., wills, letters testamentary or administration, many orders, inventories, and accountings) at the Surrogate’s Court after paying the state-specified copying fees ( N.J.S.A. 22A:2-30).

Several important categories of information that are not accessible to the public despite the presumptive openness of probate records include:

• Guardianship records (minors and incapacitated adults)
• Adoption records
• Confidential personal identifiers and sensitive financial data
• Other confidential court records under Rule 1:38-3 (e.g., certain Family Part records, child abuse or neglect reports, domestic violence materials, some medical or psychiatric reports, etc.).
• Court-sealed records

Methods for Searching Bergen County Probate Court Records

Individuals seeking Bergen County probate records may conduct a general search using the following methods:

On-site Index Search at the Bergen County Surrogate’s Court

Requesters may visit the Surrogate’s Office in Hackensack to search the indices and docket books maintained there. The Surrogate’s Office maintains “Dockets and Indexes” for estates and related matters (e.g., estate papers and wills). Residents and non-residents of the county may search these records using the decedent’s (or ward’s) name, approximate date of death or filing date, docket or case number (if available), and type of matter (e.g., will probate, administration, guardianship).

Requesting Records from the Surrogate’s Office

Most New Jersey Surrogates, including the Bergen County Surrogate’s Office, use a standard records-request process. This procedure involves providing identifying information (such as name, file type, and approximate filing date) and requesting either inspection or copies. Therefore, someone requesting a probate record from the Surrogate’s Office is expected to complete a Surrogate's Court records request form, providing basic search criteria that will enable staff to locate the file via their internal indices.

Historical Records via the New Jersey State Archives

Requesters may access many older Bergen County probate records, stored on microfilm through the New Jersey State Archives. The Archives maintains an extensive collection of Bergen County Surrogate probate records, including wills, estate papers, guardians’ bonds, and Orphans' Court minutes. Information seekers are expected to initially search through Dockets and Indexes, or an index to the Surrogate’s dockets, to locate the appropriate file number.

The database typically allows searches using details such as the decedent’s name, approximate time period or filing date, and type of case (will, administration, guardianship). Subsequently, the requester may request copies or view the microfilmed record.

It is worth noting that search tools and online access to probate records may vary by county or judicial district. For instance, while some Surrogates offer online estate index searches, others, such as the Bergen County Surrogate’s Office, do not currently have a complete public online index for probate records.

How to Find Bergen County Probate Cases Online for Free

As of December 2025, free online access to probate case records in Bergen County (and New Jersey generally) is minimal. Requesters cannot view complete probate records for free.

New Jersey Judiciary’s Civil and Foreclosure Public Access

The New Jersey Judiciary offers a free online docket search for specific civil and foreclosure cases. Users may access this search tool via the “Civil and Foreclosure Public Access” icon under “Find a Case.” First-time users are expected to sign up for a free account. Existing users who already have login details to access ECourts, Evidence Submission, Judiciary Electronic Document Submission (JEDS), or Municipal Case Resolution may use those login details to access certain civil and foreclosure cases.

Searches conducted on this platform return only basic docket information (e.g., case title, parties, events, and a list of filings). Complete case files are not accessible to the general public online for free. To obtain copies, requesters are expected to request court records through the Superior Court Clerk’s Office.

Bergen County Surrogate’s Court (Local Probate Files)

The Bergen County Surrogate’s Court maintains the main probate records for estates in the county, including original wills, probate judgments, letters, inventories, and more; they are not available on a public online portal. Visitors to the Surrogate’s official website may obtain information on how to file, probate estates, contact details, and record-request email addresses. However, it does not have a public online search tool to find probate files.

Accessing Bergen County Probate Court Records in Person

Individuals wishing to obtain probate records in person may follow the steps below:

1. Visit the Surrogate Court in Possession of the Records

To obtain Bergen County probate records, interested parties may visit the Surrogate’s Office at:

Requesters may confirm if record research is by appointment through the Surrogate’s Office. They may access directories via links from the New Jersey Courts and Archives sites.

2. Find the Case Using the Surrogate’s Index

Most New Jersey Surrogates’ Offices, including Bergen County, often maintain “Dockets and Indexes” for probate affairs covering the 18th to 20th centuries. Requesters may find cases by going to the records (or counter) to request a search of the Surrogate’s index. They may search by the decedent's name (and approximate date of death, if necessary). They are expected to note the docket or file number and any volume/page information obtained from the index entry. This information typically allows staff to identify and retrieve the relevant file quickly.

3. Request the File from the Clerk

After searching the index, the requester provides the clerk with the docket or file number they located. If the file is on-site, it would be brought to the records room for them to review. If off-site, they may have to return later or on another day after the file has been retrieved.

4. Identification and Request Forms

Requesters are typically expected to complete and submit a request form to the Surrogate’s Office and also provide a government-issued ID before inspecting or copying records. Information seekers are also expected to offer any case information they already have (e.g., name, approximate date of birth, or docket number) to expedite the record search.

5. Reviewing, Copying Documents, and Applicable Fees

Under Directive #08-07 and Rule 1:38, individuals may review public probate case files (in the records room), except for those listed as exempt (e.g., guardianship records or sealed matters).

Requesters seeking copies of probate records are expected to pay per-page copy fees for any pages copied or printed for them by the clerk. The clerk’s office also charges an additional fee for certification or exemplification from those who require certified probate documents (e.g., a certified copy of a will or letters).

Requesting Bergen County Probate Court Records by Mail

Confirm where to send your request.

To begin, requesters must ensure that they send their mail-in request to the correct address. For Bergen County, the Surrogate’s Court maintains probate (estate) records at:

Inquirers may confirm the current mail address and any updated procedures through the Surrogate’s official website or contact the Records Division (e.g., via the “records” email listed on the site).

Draft a simple request letter.

The letter is expected to state that the applicant is requestingprobate court records by mail from the Bergen County Surrogate’s Court. Applicants are also expected to include a brief description of the type of case (e.g., estate probate, administration, or guardianship) and the documents they want (such as a copy of a will, letters testamentary/administration, or other estate papers).

Include relevant information to identify the case.

In their record request, inquirers are typically expected to provide as much detail as possible to help staff locate the file in their dockets and indexes. This information may include the decedent or ward’s complete name (and any known aliases), approximate date of death or year the estate was probated, case or docket number (if available), and case type (e.g., “probate of will,” “administration of interstate estate”).

State the type of record needed and include payment.

Applicants are expected to state whether they want plain copies or certified copies (typically required for legal purposes) and include the relevant fees. Under the statewide fee schedule (N.J.S.A. 22A:2-30), they are generally required to pay a search fee per name or index search and a copy fee per page. For Bergen County, applicants are advised to confirm the current fees and to whom the check or money order should be made payable with the Bergen Surrogate’s Office.

Use the Judiciary records request form if advised.

Some counties expect applicants to use the “Surrogates’ Judiciary Records Request Form” (CN 10964) for probate record requests. This document collects the inquirer’s name and contact details, case details, and delivery method (mail, pick-up, or on-site inspection). Those requesting Bergen County’s probate records are advised to check with the Surrogate’s Office if they need to include this form along with their payment.

Some counties also expect applicants to include a self-addressed stamped envelope (SASE) or pay for return postage. If Bergen Surrogate’s Office mandates this, requesters are expected to include an appropriately stamped envelope containing their full name, mailing address, phone number, and/or email address.

Use a trackable method for vital documents.

Applicants may use certified mail or other trackable service for important documents, especially if enclosing a check or money order. After the request has been processed, the Surrogate’s Office will mail copies back to the requester.

Bergen County Probate Court Record Access Methods

Applicable Fees for Bergen County Probate Court Record Requests

The county does not set fees for probate records in New Jersey, including Bergen County. These fees are governed by state law, N.J.S.A. 22A:2-30 (Fees of Surrogate and Deputy Clerk of the Superior Court).

Typical fees and costs individuals seeking probate records may incur include the following:

• Search Fees (index/Docket Searches): Typically charged in addition to any copy fees
• Per-Page Copy Fees (Paper Copies): Requesters may incur charges for making copies of probate records (e.g., wills, letters testamentary, orders, inventories).
• Certification/Exemplification Fees: Usually arise when requesting certified copies for court, financial institutions, or other legal use.
• Fees for Non-Paper Media (Tapes, Disks, etc.): Charged for probate-related records preserved on tape, disk, microfiche, or other non-paper formats.
• Deposits and Large Requests: The State Judiciary guidance for Surrogates’ records allows requesters to make a partial upfront deposit (e.g., 50%) for a multi-file or extensive estate record.
• Other Probate-Related Service Fees: These include service fees for probate actions, e.g., probating a will, issuing letters, and filing disclaimers, which are set under N.J.S.A. 22A:2-30