About the Surrogate

What is a Surrogate?

The Surrogate of Cumberland County is using authorities which trace back to the Archbishop of London. As long as there have been Wills, and Orphans, there have been judicial officers to handle those affairs.

In New Jersey, the Surrogate passes on the validity of a Will and gives the Executor or Administrator proof of their authority to administer the Estate. The word Surrogate means one who takes the place of another. The Surrogate is taking the place of the Royal Governor who received from the Archbishop of London the authority to probate Wills, issue marriage licenses and perform those functions which at the time were in the province of the Church.

The duties were eventually distributed by the Governor of the State of New Jersey to his Surrogates. Each county has a Surrogate's Court and the Surrogate is the Judge of that Court. The Surrogate is elected to a term of five years, pursuant to the Constitution of New Jersey, by the people of the county in which he has jurisdiction.

Today, the Surrogate probates Wills, appoints Administrators, appoints Guardians for minors, handles applications for Adult Incapacitated Persons, Conservatorships, Adoptions, contested Probate matters, Accountings, Trusts and most other matters involving Estates.

What Does the Surrogate's Office Do?

The Office of the Cumberland County Surrogate is an elected position with a term of five years.  It is a unique position because the New Jersey State Constitution mandates a Surrogate for each County. The Surrogate is often referred to as a Constitutional Officer.

The Surrogate’s office has the responsibility of probating wills, qualifying executors, appointing administrators for those estates without wills, and qualifying guardians of incapacitated persons and minors. The office also operates the Surrogate’s intermingled Trust Fund for Minors and Incapacitated Persons. This fund, at the present time, is nearly $8,000,000, and is under the supervision of the Superior Court. The Surrogate is the judge of the Surrogate Court, and is also the Deputy Clerk to the Superior Court.

In 1988, a Senior Free Will Program was established with a grant received through the Office on Aging. The program, for senior citizens who are 60 years of age or older and are residents of Cumberland County, provides a simple “no frills” will. In addition, the program has been expanded to include veterans and the disabled. To date, approximately 5,000 free wills have been provided to Cumberland County senior citizens. This program continues today at no cost to County government or the taxpayers thanks to the generous support of a private funding source. In recent years, the program has been expanded to include volunteer community servants, the handicapped, and the disabled. The Surrogate’s Office also provides information on Living Wills. Forms are available at the Surrogate’s Office at no cost upon request.

The Cumberland County Surrogate is available to speak to clubs, church groups, or any other group that is interested in learning more about these services.

For more information, please contact the Cumberland County Surrogate’s Office at 856-453-4800.