How to Sell an Inherited House in Monmouth County (Probate Guide)

Step by step in Monmouth County

1. 1

   Choose how to file

   Monmouth lets you file to probate a will or administer an estate through the Surrogate's secure eFile portal, in person at the Freehold office, or by mail. Mailed documents go to the main office only. Pick eFile if family members live far away.

2. 2

   Wait for the eleventh day

   The county says the Surrogate cannot issue Letters Testamentary or short certificates until the eleventh day after death. You can still collect the original will and certified death certificates during that wait. Look up the deed and any flood or elevation paperwork if the house is near the water.

3. 3

   Go in person if you need to

   The office is open weekdays from 8:30 a.m. to 4 p.m., and the county recommends arriving by 3:30 p.m. The address is One East Main Street, Freehold. Call (732) 431-7330 with questions about forms.

4. 4

   Protect yourself from payment scams

   The Surrogate's page warns that the office will not email or call asking for credit card or financial information, or for payment. Treat any such message as suspect and call the number above instead. Estate filings attract scammers.

5. 5

   Sort heirs into tax classes

   Class A heirs, such as a spouse, civil union or domestic partner, child, grandchild, parent or stepchild, are exempt. Siblings are Class C and pay 11% after the first $25,000, up to a set band. Everyone else is Class D, taxed at 15% on the first $700,000 and 16% above that.

6. 6

   Plan around the eight-month return

   The Division's form says the inheritance tax return is due within eight months, and unpaid tax earns 10% interest a year after that. A return is also needed whenever property goes to someone other than Class A. A tax professional can confirm your case.

7. 7

   Request the real estate waiver, then sell

   Only the Inheritance Tax Branch can issue the waiver that lets a resident decedent's New Jersey real estate transfer. Class A heirs may use Form L-9 when it is the only reason to file. After that, your attorney can tell you when to sign a contract.

Monmouth County offices you may deal with

Monmouth County probate questions