Bergen County Estate Planning and Surrogate Court Lawyers
Bergen County estate planning attorney — Avery & Avery, Esqs. Wills, POA, advance directives, Bergen Surrogate probate, NJ Inheritance Tax. (201) 943-2445.
Practices in Estate Planning
The Bergen County Surrogate’s Court sits at Bergen County Justice Center, 10 Main Street, Room 211, Hackensack, NJ 07601 ((201) 336-6700). It is one of the busiest surrogate’s offices in NJ, and Avery & Avery, Esqs. has practiced before it for fifty years. Robert W. Avery twice carried the Bergen County Republican Association’s nomination for Bergen County Surrogate (2016). We draft wills, powers of attorney, advance directives, and revocable trusts for Bergen County residents; we administer estates through the Bergen Surrogate’s office; and we counsel on NJ Inheritance Tax exposure across the Class A through E framework.
For a free first consultation on a Bergen estate matter, call (201) 943-2445.
Where Bergen Estate Cases Are Heard
Bergen County Surrogate’s Court
Uncontested probate, intestate administration, and routine estate filings go through the Bergen County Surrogate’s Court at the Justice Center, Room 211. The Surrogate processes will probate, issues Letters Testamentary or Letters of Administration, conducts formal accounting reviews, and handles guardianship matters for minors and incapacitated persons.
Bergen Superior Court — Chancery Division, Probate Part
Contested estate matters — will contests, fiduciary breach actions, construction proceedings — route to the Bergen Superior Court Chancery Division, Probate Part at the Justice Center.
What We Draft for Bergen Clients
Last Will and Testament — N.J.S.A. 3B:3-2
NJ requires a valid will to be (a) signed by the testator, (b) witnessed by two witnesses present at the same time, and (c) counter-signed by witnesses within a reasonable time. We draft single wills, mirror wills for spouses, contingent-beneficiary provisions, guardianship designations for minor children, and specific bequests across Bergen client matters.
Power of Attorney — N.J.S.A. 46:2B-8.1
Durable powers of attorney covering financial and legal decisions, with optional springing language activating only on incapacity. We also draft healthcare proxies as part of the advance-directive package.
Advance Directive (Living Will)
Under the NJ Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq., an advance directive expresses end-of-life treatment preferences and designates a healthcare proxy. The Bergen estate-plan package routinely includes both a will and an advance directive.
Revocable Living Trust
For Bergen residents with out-of-state real property, privacy concerns, or incapacity-planning needs, we draft revocable living trusts that hold assets during life and distribute at death without probate. Less commonly used in NJ than in some states because Bergen Surrogate probate is comparatively efficient.
Standard Bergen Estate Plan Package
Most Bergen client matters settle on a flat-fee package combining:
- Will (or mirror wills for spouses)
- Durable power of attorney
- Advance directive / living will
- HIPAA authorization
- Beneficiary-designation review (retirement accounts and life insurance pass outside the will)
Bergen Estate Administration
Standard sequence at the Bergen Surrogate’s Court:
- Probate — file the will at Surrogate Room 211; receive Letters Testamentary (named executor) or Letters of Administration (intestate or non-named executor)
- Marshal assets — inventory accounts, real property, personal property, business interests
- Notice to creditors — formal notice; statutory 9-month creditor period
- Pay claims and taxes — including NJ Inheritance Tax where applicable
- Accounting and distribution — file refunding bonds and releases; close the estate
NJ Inheritance Tax — N.J.S.A. 54:34-1 et seq.
NJ Inheritance Tax applies based on the beneficiary’s relationship to the decedent, not on the size of the estate alone:
| Class | Beneficiaries | Treatment |
|---|---|---|
| Class A | Spouse, child, grandchild, parent, grandparent, civil-union partner | Exempt |
| Class C | Sibling, son-in-law, daughter-in-law | First $25,000 exempt; 11-16% on excess |
| Class D | Anyone else | 15-16% on entire bequest |
| Class E | Charities, religious / educational entities | Exempt |
(Class B was eliminated long ago.)
Read our blog post on NJ Inheritance Tax →
The federal estate-tax threshold for 2024 is $13.61M (subject to sunset reductions). High-net-worth Bergen estates may need both NJ Inheritance Tax planning (for non-Class-A beneficiaries) and federal estate-tax planning.
Contested Bergen Estate Matters
We litigate Bergen will contests (alleging undue influence, lack of capacity, improper execution), accounting challenges by beneficiaries, fiduciary breach claims, construction proceedings, and trust modification or reformation actions in Bergen Chancery Division — Probate Part.
Schedule a Free Consultation
For a free first consultation, call (201) 943-2445 or submit through the form. For deeper background see our estate planning practice page and Robert W. Avery’s bio.