Search Burlington County Probate Records

Burlington County Surrogate's Court

The Surrogate is the elected official who runs probate in the county. In Burlington County the Surrogate is Brian J. Carlin. The office probates wills, appoints estate administrators, supervises the appointment of guardians, and administers adoptions. Those four duties cover most of what families need after a death or when someone can no longer manage their own affairs.

The office is open and staffed for normal business on an appointment basis. Business is done in person, by phone, by email, and by regular mail. Probate and administration appointments are in person for all personal representatives who reside in New Jersey. Because of the volume of calls and emails, the office asks that you allow 24 to 36 hours for a reply. Use the contact card below to set up a time.

Note: probate and administration appointments must be made in person for any personal representative who lives in New Jersey.

Burlington County Probate Records Search

All probate record searches at the Surrogate's office are done by appointment. There is no self-service online portal where you type in a name and pull an estate file. You call or email the office, ask for a record search, and staff schedule a time to help you. When you reach out, it helps to have the name of the person who died, the estate name, and any file or docket number you already know.

You can see how the county frames its records search on the official county page.

That records page at co.burlington.nj.us directs estate and will questions to the Surrogate rather than a general clerk. For marriage and divorce files, see the marriage and divorce records page, since those are handled in a different way.

Common Burlington County Probate Terms

Probate uses a few words that trip people up. Most show up on Surrogate forms and in any estate file you read. The short list below defines the terms you are most likely to meet when you start.

Testator

A person who makes a will.

Executor

The person named in a will to settle the estate.

Administrator

A person appointed by the court when there is no will.

Intestate

Dying without a valid will.

Guardianship

Court-supervised authority to care for a person or their affairs.

When a will names an executor, the Surrogate can usually move ahead with probate. When there is no will, the estate is intestate, and the court appoints an administrator instead. Guardianship is a separate track that protects someone who cannot manage their own care or money.

How Probate Works in Burlington County

Probate follows a set order. The Surrogate handles the early, uncontested steps, and the Superior Court steps in only when there is a dispute or a special matter. The walkthrough below shows the path most estates take from the first call to the final distribution.

1. Contact the Surrogate's Court to set an appointment.
2. Find out whether there is a will and whether it names an executor.
3. Bring the original will, a certified death certificate, and the required details on the executor, next of kin, and assets.
4. The Surrogate reviews whether the estate is eligible for probate or for administration.
5. Pay the fees for probate, certificates, copies, or letters.
6. The executor or administrator receives letters, also called short certificates.
7. The estate representative marshals assets, notifies creditors and heirs, handles taxes, and distributes the estate.
8. Contests, guardianships, adoptions, or minors' funds may move into the Superior Court, Chancery Division, Probate Part.

The short certificate is the proof banks and other parties ask for. It shows the executor or administrator has legal power to act for the estate. Hold on to several copies, because each institution may want its own.

Burlington County Surrogate Fee Schedule

The Surrogate charges set fees for probate, copies, certificates, and letters. The amounts come from the county fee schedule under N.J.S.A. 22A:2-30 and other statutes, and they are current through August 29, 2022. Bring a payment method when you go, since fees are due at the time of service. The table lists the main charges you are likely to see.

You can read the full fee list at the county fee schedule. Fees can change, so confirm the current amount with the office before you pay.

When Probate Moves to Superior Court

Most estates clear through the Surrogate without a fight. But some matters go further. A contested probate, a guardianship dispute, an adoption, or estate litigation can move into the Superior Court, Chancery Division, Probate Part. That is where a judge, not the Surrogate, makes the call.

The county lists separate Superior Court contacts for these tracks. Estate litigation, adoptions, and minors' funds run through 609-265-5235 (tboyle@co.burlington.nj.us). Guardianships run through 609-265-5201 (tbathke@co.burlington.nj.us). A second minors' funds contact is 609-265-5238 (mmiles@co.burlington.nj.us). For more on the trial court itself, see the Superior Court page, and for filings handled by the court's clerk, see the Superior Court clerk page.

Sealed Burlington County Adoption Records

The Surrogate administers adoptions, but adoption records are not open to the public. Judgments and the court records of adoption proceedings are sealed under New Jersey law. Access needs a court order or some other authority set by statute. You cannot run a name search and pull an adoption file the way you might with an open civil case.

The sealing rules trace back to the state's adoption statutes.

You can read the underlying law at pub.njleg.gov. Because adoption files stay confidential under C.9:3-51 and C.9:3-52, treat adoption as a closed record, not a public probate search.

Related Burlington County Records

Probate ties into other county and court records. For wills filed alongside vital events, the marriage and divorce records page covers family files. For broader case files, including civil and family matters, see the court records page. Common questions about probate, fees, and appointments are answered on the FAQ page. Each office runs its own search rules, so start with the one that matches your record.