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

Step by step in Morris County

1. 1

   Collect the three things the Surrogate asks for

   Morris lists a certified death certificate, the original will with any codicils, and your identification, such as a driver's license or passport. Find the deed to the house as well. If the will is missing, tell your attorney right away.

2. 2

   Choose eProbate, an appointment or mail

   You can upload documents through the eProbate system, book an in-person appointment online or by phone at 973-285-6500, or mail Form A (with a will) or Form B (without one) with the certified death certificate and original will. The last in-person appointment of the day is at 3:00 PM.

3. 3

   Respect the 10-day rule

   The county says the probate or administration process cannot be completed until 10 days after the date of death, because of state law. Use the days to order death certificates and list the heirs. Do not book a closing before the authority is in place.

4. 4

   Budget for fees

   Fees start at $100 to probate a will and $125 to administer an estate with no will. The office accepts credit card, cash or check. Extra costs, such as certified copies, depend on your case. Ask the office what applies.

5. 5

   Work out the tax classes

   A spouse, civil union or domestic partner, child, grandchild, parent, grandparent or stepchild is Class A and exempt. A sibling is Class C, taxed above the first $25,000. Anyone else is Class D, at 15% on the first $700,000 and 16% above that.

6. 6

   Mark the eight-month deadline

   The Division of Taxation says the return is due within eight months of death, with 10% yearly interest on unpaid tax after that. A return is also needed whenever property passes to someone other than Class A. Ask a tax professional about your case.

7. 7

   Get the real estate waiver before closing

   The Inheritance Tax Branch issues the waiver required to transfer a resident decedent's New Jersey real estate. Class A heirs may use Form L-9 when that waiver is the only reason to file. Form L-8 does not cover real estate. Tenants by the entirety need no waiver.

Morris County offices you may deal with

Morris County probate questions