Daniel C. Ng
for Bergen County
Surrogate

When a loved one passes away, the last thing anyone wants to think about is paperwork. But a few simple steps — taken before you arrive at the Surrogate's office — can dramatically reduce delays and confusion during probate.

1. Locate the Original Will

This sounds obvious, but it's the single most common source of delay. Check safe deposit boxes, filing cabinets, the attorney who drafted it, and any safe or lockbox in the home. The Surrogate Court requires the original document — a photocopy is not sufficient to admit a will to probate.

2. Gather the Death Certificate

You'll need certified copies of the death certificate. The number required depends on the estate's complexity, but start with at least 10–15. These are obtained through the municipality where the death occurred or the New Jersey State Registrar.

3. Identify All Beneficiaries and Heirs

Make a list of every person named in the will, as well as any surviving spouse, children, or other heirs under New Jersey intestacy law. You'll need their full legal names, current addresses, and relationship to the deceased. Missing heirs can stall the entire process.

4. Prepare a Preliminary Asset Inventory

List the deceased's assets: real property (with addresses), bank accounts, investment accounts, retirement accounts, vehicles, and any other significant property. Note which assets have named beneficiaries and which will pass through the estate.

5. Bring the Right Documentation to the Surrogate

When you file, bring the original will, a certified death certificate, the names and addresses of all beneficiaries, and a list of the decedent's next of kin. The Surrogate's staff will guide you through the application, but having everything ready on your first visit saves everyone time.

This is general educational information and does not constitute legal advice. Every estate is different. If you have questions about your specific situation, consult with a licensed New Jersey attorney.

Guardianship is one of the most consequential decisions a family can face. It involves asking a court to legally designate someone to make personal, medical, and financial decisions for an individual who cannot do so for themselves.

Two Types of Guardianship

New Jersey law distinguishes between guardianship of the person (authority to make medical and personal decisions) and guardianship of the estate (authority to manage finances and property). A family may need one or both, depending on the situation.

The Standard: "Incapacitated"

The court must find by clear and convincing evidence that the individual is "incapacitated" — meaning they are unable to manage their own affairs to the extent that they are at risk of substantial harm. A mere diagnosis is not enough. The court looks at functional limitations, not labels.

Less Restrictive Alternatives First

New Jersey law requires the court to consider less restrictive alternatives before granting full guardianship. These can include:

• A durable power of attorney (if the person executed one while competent)
• An advance directive for healthcare
• A representative payee for government benefits
• Supported decision-making arrangements

The court will only appoint a guardian if these alternatives are insufficient to protect the individual.

A Personal Note

As someone who served as full-time caregiver and medical interpreter for my father for eleven years, I understand that families don't arrive at the courthouse because they want to — they arrive because they have to. That understanding is central to why I'm running for Surrogate.

This is general educational information and does not constitute legal advice. Consult with a licensed New Jersey attorney for guidance on your specific situation.

The Bergen County Surrogate is a constitutional officer elected to a five-year term. Despite the importance of the role, many residents interact with the Surrogate's office only once or twice in their lives — if at all.

Admitting Wills to Probate

When someone dies, the Surrogate reviews the will to determine whether it meets New Jersey's legal requirements and can be admitted to probate. This is not a judicial determination of the will's validity in a contested case — that would go to Superior Court — but it is the critical first step in estate administration.

Appointing Executors and Administrators

The Surrogate issues "Letters Testamentary" to the executor named in a will, or "Letters of Administration" to a qualified beneficiary when there is no will. These letters give the executor or administrator the legal authority to act on behalf of the estate.

Guardianships of Minors' Estates

When a minor inherits property or receives a settlement, the Surrogate may appoint a guardian of the minor's estate to manage those assets until the child reaches the age of majority.

Adoptions

The Surrogate's office processes adoptions, including stepparent adoptions, and issues new birth certificates reflecting the adoption.

Why the Surrogate's Legal Knowledge Matters

Every single function of the Surrogate's office involves estates, trusts, fiduciary duties, or the rights of vulnerable individuals. These are not administrative tasks that anyone can learn on the job — they require substantive knowledge of the underlying law. That's why I believe this office should be held by someone who has spent their career in this exact field.

This is general educational information and does not constitute legal advice.