S3181

An Act concerning the increase of county surrogate fees, amending N.J.S.22A:2-30, and repealing various sections of statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.22A:2-30 is amended to read as follows:

22A:2-30. Fees of surrogate and deputy clerk of the Superior Court.

[Fees for services of the surrogate and deputy clerk of the Superior Court enumerated below shall be as follows and shall be for the use of the county in which the fees are collected:

PROBATE OF WILLS AND COPIES

Probate of a will of not more than two pages, $100.00.

Each additional page, $ 5.00.

The above fee is for all services in preparation and execution of complaint, filing proof of death, deposition of one witness, qualification of executor, filing power of attorney, surrogate's certificate, judgment for probate, letters testamentary, plain copy of will, binding, recording, microfilming or photostating, comparing, docketing, report to the Division of Taxation in the Department of the Treasury, report and transmission to the Clerk of the Superior Court.

Probate of will of not more than two pages without letters, $50.00. Each additional page, $ 5.00. This fee is for the same services as are enumerated in the preceding paragraph, except letters, surrogate's certificate and qualification of executor.

Probate of each codicil, not exceeding one page, $25.00.

Where codicil requires an additional witness, $5.00.

To reopen probate proceedings for qualification of executor or taking proof of extra witness, $25.00.

One witness in the above probate proceedings, no charge.

Each additional witness, $5.00.

Recording and comparing, microfilming or photostating, each additional page of will or codicil, $5.00.

Filing, entering, issuing and recording, microfilming or photostating, proceedings in commission for deposition of foreign witness to a will or codicil, $35.00. Plain extra copy of will, $3.00 for each page.

Certified extra copy of will, $5.00 for each page, plus $5.00 for certificate.

Certified copy of will with proofs for New Jersey county, not exceeding two pages including will and codicil, $50.00. For pages in excess of two, $5.00 for each page.

Wills filed but not probated (as, where there are no assets), $10.00 for first two pages, $5.00 for each additional page, $5.00 for cover letter stating no assets, $5.00 for death certificate.

Exemplifying will for another state, not exceeding two pages including will and codicil, plus cost of certificate of Secretary of State when requisite, $75.00 (not including $9.00 fee for exemplified forms). For pages in excess of two, $5.00 for each page.

Recording, microfilming or photostating, docketing, indexing, filing and reporting to the Division of Taxation in the Department of the Treasury an exemplified copy of will and probate proceedings from another state, $5.00 for each page.

Recording, microfilming or photostating, docketing, indexing and filing a certified copy of will with proofs from New Jersey, $5.00 for each page.

Recording, microfilming or photostating certified transcripts of wills admitted to probate and probate proceedings or letters of administration and administration proceedings granted by the Superior Court, $5.00 for each page.

LETTERS OF TRUSTEESHIP

Acceptance of trustee and letters of trusteeship, including one certificate, $50.00.

LETTERS OF ADMINISTRATION

General administration, including preparation and execution of complaint, bond, surety affidavits, necessary recording, microfilming or photostating, indexing, filing, report to the Division of Taxation, including power of attorney and death certificate, in the Department of the Treasury and the Clerk of the Superior Court and original letters including authorization to accept service of process and death certificate, $125.00, and for other documents, $5.00 per page.

Administration ad prosequendum, $50.00, and for other documents, $5.00 per page.

Exemplifying administration, $75.00.

Certified copy of administration, $50.00.

Affidavits of surviving spouse or next of kin where the value of the real and personal assets of the estate does not exceed $20,000.00 or $10,000.00, respectively, $5.00 for each $100.00 or part thereof. Total cost shall not exceed $50.00. This fee is waived where the value of the assets of the estate does not exceed $200.00.]

Surrogates, as Judge and Clerk of the Surrogate’s Court, Deputy Superior Court Clerk for the Chancery Division, Probate Part, and Deputy Superior Court Clerk for the Chancery Division, Family Part for Adoptions, shall collect fees for the use of the county in which the fees are collected and no service shall be performed until the specified fee has been paid.

COMMON CHARGES THAT APPLY UNIFORMLY

The page fee, in addition to any fee herein specified, $5.

Qualification of an Executor, Administrator C.T.A., Administrator, Administrator ad Prosequendum, Guardian of a Minor, Guardian of an Incapacitated Person, Trustee, Conservator, or other fiduciary and issuing Letters, including one short certificate, $50.

Miscellaneous petitions and orders, $5 per page.

SURROGATE COURT TESTATE AND INTESTATE ESTATE FEES

An application for the probate of a will, with or without a codicil, and the appointment of an Executor or Administrator C.T.A. is $150 plus the page fee, witness fee and qualification fee herein specified for the Will and any codicil.

An application for probate of a will, with or without a codicil, without Letters is $150 plus the page fee and witness fee herein specified.

Probate of each codicil as part of an application for probate of a will is $50.00 plus the page fee, witness fee and qualification fee herein specified for the Will and any codicil.

An application to reopen an estate proceeding for the qualification of a personal representative or fiduciary to renew estate administration is $150.00 plus the page fee and qualification fee herein specified.

An application for the appointment of a successor or substitute personal representative for an intestate or testate estate by the Surrogate is $150.00 plus the page fee and qualification fee herein specified.

Commission for taking an attesting witness proof by affidavit is $50 plus the page fee herein specified for the Will or Codicil.

Certified extra copy of a Will or Codicil is $50 for the certification plus the page fee herein specified.

Certified copy of a Will or Codicil with proofs for New Jersey county is $50 plus the page fee herein specified.

An application to lodge a Will, with or without a codicil, without probate is $150 plus the page fee herein specified for the Will.

Exemplified copies of any document or documents from a file maintained by the court in any proceeding for another county, state, or country is $100 plus the page fee herein specified. The fee does not include, if required, the cost for a Hague Convention apostille through the New Jersey Division of Revenue and Enterprise Services in the Department of the Treasury.

Report to the Division of Taxation in the Department of Treasury, pursuant to R.S.54:35-13 for testate or intestate probate proceedings by the Surrogate Court, Superior Court, or probate proceedings from another state or country and if applicable, a true copy of a Will or codicil, is $20 plus the page fee herein specified.

Recording an exemplified copy of testate proceedings including a Will or codicil or Administration proceedings from a file maintained by a court from another state, county, or country is $100 plus the page fee herein specified.

Recording judgments and orders of the Superior Court, whether granted or denied, is $25 plus the page fee herein specified.

An application to appoint an Administrator for an intestate estate is $175 plus the page fee and qualification fee herein specified.

An application to appoint an Administration ad Prosequendum is $150 plus the page fee and qualification fee herein specified.

An application to appoint an Ancillary Administrator, with or without a Will, is $150 plus the page fee and qualification fee herein specified.

An Affidavit of Surviving Spouse or next of kin where the value of the real and personal assets of the estate does not exceed $50,000 or $20,000 respectively, is $7 for each $100 or part thereof. The total cost of an initial or any supplemental Affidavit shall not exceed $100.

An application to discharge a personal representative by the Surrogate is $150.

[LETTERS OF] GUARDIANSHIP OF A MINOR

[Granting letters of guardianship, acceptance of guardianship and filing of power of attorney, $50.00.

Affidavits of estates of minors where value of real and personal estate does not exceed $5,000.00, $5.00 per page.

Miscellaneous petitions and orders, $5.00 per page.]

An application for the guardianship of a minor is $100 plus the page fee and qualification fee herein specified.

An application for the stand-by guardianship of a minor is $100 plus the page fee and qualification fee herein specified.

An application for the appointment of a substitute guardian is $100 plus the page fee and qualification fee herein specified.

The fee to file an affidavit of the estate of a minor where the value of real and personal estate does not exceed $5,000 is $50 plus the page fee herein specified.

INVENTORIES

For all services in appointment of appraisers, $25. [00.

Filing, entering and recording, microfilming or photostating, inventory and appraisement, not exceeding one page, and affidavits of appraisers and executor, $25.00.

For each additional page, $5.00.]

Filing an inventory is $50 plus the page fee herein specified.

ASSIGNMENT FOR THE BENEFIT OF CUSTOMERS

Recording a Deed of Assignment for the Benefit of Creditors by the Surrogate after it has been recorded with the County Clerk is $100 plus the page fee herein specified.

ACCOUNTING

[For filing complaint and one page of accounting, $175.00.

For auditing, stating, reporting and recording, microfilming or photostating, accounts of executors, administrators, guardians, trustees and assignees, including drawing judgment, but exclusive of advertising costs:]

For filing a complaint and one page of the accounting, $250, plus the page fee herein specified.

For auditing, stating, reporting, and recording accounts of executors, administrators, guardians, trustees, assignees, or other fiduciaries:

In estates up to and including $2,000[.00], no additional fee.

In estates from $2,001[.00] to and including $10,000[.00], $100.[00.]

In estates from $10,001[.00] to and including $30,000[.00], $125.[00.]

In estates from $30,001[.00] to and including $65,000[.00], $150.[00.]

In estates from $65,001[.00] to and including $200,000[.00], 3/10 of 1 [%] percent but not less than $300.[00.]

In estates exceeding $200,000[.00]--4/10 of 1[%] percent, but not less than $400.[00.

For each page of accounting in excess of one, $5.00.

In computing the amount of an estate for the purpose of fixing the fees of a surrogate for auditing and reporting the account, the balance from the prior account shall be excluded.

For preparing notice of settlement of accounts and copies of the same, forwarding notice to newspaper, with directions as to publication, obtaining proofs of publication, keeping a record of notices and newspapers to which they are sent and of the moneys received to defray the cost of advertising and transmitting advertising charges to newspaper, $50.00.

No fees herein allowed shall be charged against the recipient of any pension, bounty or allowance, for services of the surrogate and the Probate Part of the Chancery Division of the Superior Court in respect thereof, pursuant to N.J.S.3B:13-9 to 3B:13-14.]

For each page of accounting, the page fee herein specified.

In computing the amount of the corpus and income of an estate for the purpose of fixing the fees of a Surrogate for auditing and reporting the account, the balance from the prior account shall be excluded.

MISCELLANEOUS PROCEEDINGS

[Proceedings relative to presumption of death, filing, entering and recording, microfilming or photostating (exclusive of letters), with additional fee for advertising, $175.00.

Sale of land to pay debts (exclusive of advertising), $175.00.

Sale of land in fulfillment of contract made by decedent, $175.00.

Sale of lands within one year, $175.00.

Sale of minor's land, $175.00.

Distribution, filing and entering complaint, recording, microfilming or photostating, and filing judgment, $175.00.

Filing of first paper in action in the Superior Court, Chancery Division, Probate Part, $175.00.]

Filing any affidavit, certification, document or paper not otherwise provided for herein is the page fee herein specified.

Complaint or other first paper for a declaration of death of an absent or missing person is $250, or the fee paid for answer or appearance or other first paper by anyone other than Plaintiff in the Chancery Division, General Equity of the Superior Court, whichever is greater.

SUPERIOR COURT PROCEEDINGS

[Filing of answering pleadings or other answering papers in Superior Court, Chancery Division, Probate Part (First paper filed by anyone other than Plaintiff), $110.00.

Adoption of adults, filing and entering proceedings (all papers) including one judgment, $175.00.

Adoption of minors, filing and entering proceedings (all papers) including one judgment, $175.00.

Application for relief subsequent to final judgment in the Superior Court, Chancery Division, Probate Part, $25.00.

Proceedings for the appointment of a conservator, with or without jury trial, $175.00.

Proceeding for the determination of incapacity and for the appointment of a guardian for an alleged incapacitated person, with or without jury trial, $200.00.

Proceedings in connection with payment into court of proceeds of a judgment in favor of a minor, in lieu of bond, pursuant to N.J.S. 3B:15-16 and N.J.S.3B:15-17 (in addition to fees payable under Letters of Guardianship), the following fees are payable upon withdrawal of funds on deposit:

For each withdrawal including petitions and orders provided and prepared by the surrogate for withdrawal of funds for court approval:

Up to and including $500.00, $20.00.

From $501.00 to and including $1,000.00, $25.00.

From $1,001.00 to and including $5,000.00, $30.00.

From $5,001.00 to and including $10,000.00, $35.00.

From $10,001.00 to and including $25,000, $40.00.

From $25,001.00 to and including $50,000.00, $60.00.

In excess of $50,000.00, $100.00.]

For performing services in all matters in the Superior Court, there shall be paid to the Surrogate of the county of venue the following fees which, except as herein provided, for the use of the county, down to the final disposition of the cause:

Complaint or other first paper for any Probate Part relief is $250, or the fee paid for filing or entering of the first paper or proceeding in any action or proceeding in the Chancery Division, General Equity of the Superior Court, whichever is greater.

Answer or appearance or other first paper by anyone other than Plaintiff in the Superior Court is $175 or the fee paid for answer or appearance or other first paper by anyone other than Plaintiff in the Chancery Division, General Equity of the Superior Court, whichever is greater.

In addition to the fee to file an answer or other first paper, a counterclaim is an additional $200.

Complaint for adoption of a minor or adult or other first papers for any other Family Part relief is $300, or the fee paid for filing a complaint in the Family Division of the Superior Court, whichever is greater, includes one certified judgment of adoption.

Motion or petition to unseal adoption records is $50 including one certified copy of the court order granting or denying the motion or petition.

Search fee for adoptions records unsealed pursuant to Superior Court Order, $15.

Additional certified judgment of adoption, as herein specified.

Adoption records other than a certified copy of an order of adoption, as herein specified.

In addition to any fees payable to the New Jersey Department of Health, Vital Statistics, the fee for a certified Report of Adoption, the transmission of the report, along with a true copy of the judgment of adoption, $50.

Complaint or other first paper for a determination of incapacity of an alleged incapacitated person, with or without jury trial, and for the appointment of a guardian is $250.

A complaint or other first paper for a N.J.S. 3B:12-1 et seq. protective arrangement order is $250, or the fee paid for filing or entering of the first paper or proceeding in any action or proceeding in the Chancery Division, General Equity of the Superior Court, whichever is greater.

Exhibits and attachments accompanying any complaint, petition, motion, affidavit, or certification exceeding 20 pages shall incur an additional fee of $1 for each page exceeding 20 pages.

Annual Guardian Monitoring Wellness Report or a Financial Report is the page fee herein specified.

Complaint to transfer a guardianship of an incapacitated person or estate or conservatorship from, or to, another state for the same person at the same time, $250.

Processing the entry, filing, and delivery of an order to show cause, order for hearing, order fixing a preliminary or final adoption hearing, or any other procedural order is $50 or the fee paid for filing an Order to Show Cause in the Chancery Division, General Equity of the Superior Court, whichever is greater.

Petition for ancillary relief in the Superior Court, $50.

Petition for the appointment of a successor custodian under The New Jersey Uniform Transfer to Minors Act, $100.

Petition or motion for a guardian ad litem or virtual representative appointment, $50.

Motion in a Superior Court action is $50 or the fee paid for filing Motion in the Chancery Division, General Equity of the Superior Court, whichever is greater.

Non-Party Notice of Appearance, $50.

Petition or other first papers in the Superior Court in connection with the deposit into court of any fund payable to an individual adult or a minor or the proceeds of a judgment in favor of a minor, in lieu of bond, pursuant to N.J.S. 3B:15-16 and N.J.S.3B:15-17 (in addition to fees payable under Letters of Guardianship), $100.

Petition for withdrawal of funds on deposit with the Surrogate is:

Up to and including $5,000, $50.

From $5,001 to and including $25,000, $60.

From $25,001 to and including $50,000, $100.

From $50,001 to and including $250,000, $150.

In excess of $250,000, $250.

Complaint or other first paper for sale of land to pay debts (exclusive of advertising) is $250, or the fee paid for filing or entering of the first paper or proceeding in any action or proceeding in the Chancery Division, General Equity of the Superior Court, whichever is greater.

Complaint or other first paper for sale of land in fulfillment of contract made by decedent is $250, or the fee paid for filing or entering of the first paper or proceeding in any action or proceeding in the Chancery Division, General Equity of the Superior Court, whichever is greater.

Complaint or other first paper for sale of land in fulfillment of contract within one year is $250, or the fee paid for filing or entering of the first paper or proceeding in any action or proceeding in the Chancery Division, General Equity of the Superior Court, whichever is greater.

Complaint or other first paper for sale of minor or incapacitated person’s land is $250, or the fee paid for filing or entering of the first paper or proceeding in any action or proceeding in the Chancery Division, General Equity of the Superior Court, whichever is greater.

[MISCELLANEOUS] GENERAL SURROGATE AND SUPERIOR COURT CHARGES

The first copy of any order, judgment, pleading or other paper supplied to the attorney or litigant, shall be certified as a true copy by the Surrogate free of charge. All copies other than the first copy, supplied as aforesaid, is the page fee herein specified plus $50 for the certificate.

Short [certificates, $5.00] certificate that evidences the authority of a fiduciary, $10.

[Validating] Validate a short certificate within one year of [issue of] the date of issuance, [$3.00] $10.

[Subpoenas, each, $25.00] Executing and issuing a subpoena by a Surrogate, $50.

[Marking true copies, subpoenas, each, $3.00.

Marking true copies, orders to show cause, each, $3.00.

Marking true copies of other papers, each, $3.00.

Authorization of process, $5.00.]

Marking as a true copy, judgments, orders to show cause, orders for hearing, orders fixing adoption hearings, subpoenas, or other papers or instruments, $5.

[Swearing each witness, $2.00] Administering an oath or affirmation for a subscribing witness for a will or codicil, $10.

[Adjournment or continuance, $15.00] Applicant or litigant hearing adjournment requests in a Surrogate’s Court, Superior Court Probate Part or Family Part, $50.

[Miscellaneous orders of court, first page, $5.00.

For each additional page, $5.00.

Recording, microfilming or photostating all papers not herein provided for, $5.00 for each page.

For making copies not otherwise provided for, $3.00 for each page.

Filing transcript of death certificate, $5.00.

Power of attorney, per page $5.00 plus $5.00 for certified mail.]

Search [fee, per estate $10.00] of records or files maintained by the Surrogate is $15 for each name searched.

[Proceedings relative to appointment of a guardian ad litem, $25.00.]

Renunciation by one person, [filing, entering and recording, or photostating, $5.00. Each additional person, $3.00] $10.

[Caveat, filing or withdrawing, $25.00] Filing or withdrawing a caveat, objecting to the probate of a Will, codicil, or the appointment of a personal representative, guardian, trustee, conservator, or other fiduciary, $50.

[Combined refunding bond and release of not more than two pages, filing, entering, microfilming and recording, or photostating, $10.00. $5.00 for each additional page. Additional charge for county clerk's certificate, $5.00] Refunding Bond and Release for one person is $10 plus the page fee herein specified.

Disclaimer by one person is $10 plus the page fee herein specified.

Surrogate Certificate of Release confirming that all Refunding Bonds and Releases have been properly executed and filed and the estate’s fiduciary obligations have been satisfied, $50.

[Release of not more than two pages of refunding bond and release, $10.00. $5.00 for each additional page] Surrogate Certificate of Further Security confirming an appropriate increase of surety bond security, $50. Additional charge for county clerk's certificate, $5.[00.

Assignments of legacy or interest, $10.00 per page, plus $5.00 where county clerk's certificate is necessary.

Filing all papers not herein provided for, $5.00, if microfilming process is used, $5.00 per page.

Plain copy of two-page will, $6.00.

Each additional page, $3.00.

Filing of motions in the Superior Court, Chancery Division, Probate Part, $15.00.]

Assignment of estate rights or interests to another person is $50 plus the page fee herein specified.

Filing all papers not herein provided the page fee herein specified.

Plain copies of any document, instrument, or paper prepared by staff from a file maintained by the court is $3 per page.

Notice of appeal (trial court), [$10.00] $25.

[Minimum charge for all other papers or services in proceedings in the Superior Court, Chancery Division, Probate Part, $5.00.

3B:14-48 Service of Process by Surrogate, $25.00.]

Preparing Record on Appeal, $300.

Service of Process by Surrogate in accord with a fiduciary’s power of attorney is $50 plus the fee mandated by N.J.S. 3B:14-18.

Duplicating or copying of microfiche, digital tape, high density disks, optically scanned and recorded materials or for any other media used to record or preserve records, $150 [.00] per medium recorded.

Processing fee for returned check, [$20.00] $40 plus bank fee.

Handling Fee for mailing items when a self-addressed stamped envelope is not provided is $10 plus cost of postage.

Self-Service photocopy shall not exceed the cost per page.

Retrieve a file not located on the premises of the court, is $20 or the actual expense, whichever is greater.

Certified copy of a record of a proceeding or any document from a file maintained by the court is $50 for the certification plus the page fee herein specified.

Filing and recording probate, administration, guardianship, trust, or conservatorship proceedings issued by another county, state, or country is $50 plus the page fee herein specified.

Affixing a court seal, $25.

Any other Surrogate Court application, Superior Court complaint or first paper, answer or response, petition, motion or filing or recording any document or paper, not otherwise provided for herein, shall be $250, $200, $100, $50 and $10, respectively, or the respective fees paid for filing those papers in the Chancery Division, General Equity of the Superior Court, whichever is greater.

The above fees and charges are for all services related to the docketing, archiving, and maintaining custody of the files, papers, and records belonging to the Surrogate Court, Superior Court, Chancery Division, Probate Part and Adoptions in the Superior Court, Chancery Division, Family Part.

(cf: P.L.2005, c.370, s.14)

2. The following sections are repealed:

N.J.S.22A:2-14 through N.J.S.22A:2-16;

N.J.S.22A:2-31; and

N.J.S.22A:2-33 through N.J.S.22A:2-35.

3. This act shall take effect immediately.

STATEMENT

This bill amends N.J.S.22A:2-30 to increase various county surrogate fees. The bill also adds new categories of fees, including: Common Charges that Apply Uniformly; Assignment for the Benefit of Customers; Superior Court Proceedings; and General Surrogate and Superior Court Charges.

The bill also repeals various sections of statutory law.