ABOUT
THE OFFICE
In New Jersey, the Surrogate's function has its beginnings
in the earliest part of our colonial history. Since so much of our
country's most fundamental legal offices can find their origins in
the laws and practices of England, it is not surprising to know that
the office of Surrogate can be traced back to when the Church of England
had the duty of probating wills. When the Bishops were busy and needed
assistance in handling the estates, they would appoint Surrogates
to take their place. The word "Surrogate" is taken from
the Latin word "Subregare," which means substitute.
The British Governor
of the colony of New Jersey had the responsibility for probating all
wills and establishing the administration of all estates in the colony.
In 1683 and 1698, statutes were enacted which required wills and letters
of administration to be entered in the colony's public register. By
the year 1693, the Governor of the colony of New Jersey had appointed
the first "Surrogate" for East New Jersey as the Governor's
appointed deputy. In 1713, wills were required to be proved and entered
in one book of records and registered. (The Bergen County Surrogate's
Court currently stores and maintains wills dating back to 1714).
When East and West New
Jersey were combined in 1720, the Governor appointed the first Surrogate
covering the entire colony of New Jersey. From 1720 through 1767,
the colony was serviced by a number of Deputy Surrogates appointed
by the Surrogate. For several of those years, Bergen County was served
by more than one Surrogate at a time. In 1767, the Governor appointed
one Surrogate for all of Bergen County.
In 1822, the laws in
New Jersey were amended, granting the state legislature the power
to appoint the County Surrogate. However, in 1844, the New Jersey
Constitution prescribed that the Surrogate was to be an elected, independent
constitutional officer in the county, no longer to be regarded as
a deputy of the Governor or the appointee of the legislature. The
Constitution of 1844 provided that the Surrogate was to be elected
for a five-year term by the people of that county. And so, for nearly
150 years, the people of Bergen County have elected their own County
Surrogate.
Today, by virtue of
laws enacted since 1844, the responsibilities of the County Surrogate
have been expanded. The Bergen County Surrogate now has two major
functions:
1. As Judge and Clerk
of the County Surrogate's Court, the Surrogate is responsible for
settling the estate of every county resident who dies individually
owning any assets in New Jersey--whether or not that resident dies
leaving a will. Therefore, the Surrogate reviews and probates wills
and appoints Executors, Administrators and guardians of minors. In
addition, the Surrogate administers and invests monies (now more than
$30 million in Bergen County) primarily for minor children who receive
judgments in the courts in Bergen County; and
2. As Deputy Clerk of
the Superior Court, Chancery Division, Probate Part, the Surrogate
dockets, reviews and schedules all actions pertaining to will contests,
estate matters, accountings, mental incompetencies, guardianships
of incompetents and all adoptions occurring in Bergen County. In addition,
all documents involved in all County Surrogate Court matters are recorded,
stored and maintained by the County Surrogate's Court.
Thus, the Bergen County
Surrogate acts as a Judge and also administers a Court which is almost
certain to touch the lives of every person in the county at some time.
The Bergen County Surrogate's
Court is located on the second floor of the Bergen County Justice
Center, Room 211, 10 Main Street, Hackensack, New Jersey. Office hours
are from 8:30 a.m. to 4:30 p.m., Monday through Friday.
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