CHIEF PROBATE CLERK

Code: 01192 Local Competitive

Official job specification

The text below is the official specification published by the New Jersey Civil Service Commission. The plain-language summary and analysis above are derived from it by NJ Civil Service Navigator. Source: the official specification page at NJ CSC.

Definition

Under direction, supervises and performs work involved in preparing necessary instruments to admit a will to probate, grant letters of trusteeship and letters of testamentary guardianship, determining the right of the person applying for appointment as an administrator and/or as an administrator ad prosequendum, taking affidavits in Lieu of Administration, drawing the complaint for the appointing of a guardian, taking affidavits in Lieu of Guardianship, preparing the qualification of a guardian of an incompetent person, and examining all papers filed to determine if they are in proper form and completing the appointment; answers a variety of the more difficult inquiries regarding procedures in the Surrogate's Court; does other related duties as required.

Examples of work

• Supervises and performs work involved in receiving wills and testaments, examining wills as to form and execution, and if they are in order and the proper persons are present.
• Prepares all papers necessary for probating of wills, qualifying the executor, examining witnesses, and taking their sworn testimony, and if all is found in accord with laws of probate, drawing up the judgment of probate for the signature of the Surrogate.
• Prepares a certificate of doubt for the signature of the Surrogate if the requirements for probate have not been met
• Supervises and performs work involved in determining the right of the individual next-of-kin as to the administration of the decedent's estate.
• Supervises and performs work involved in taking and signing of the affidavit of the surviving spouse entitled to assets without administration in estates where there is no will and the estate's total value does not exceed $10,000.
• Supervises and performs work involved in taking and signing the affidavit of the proper next-of-kin entitled to assets without administration in estates where there is no will, no surviving spouse, and the estate's total value does not exceed $5,000.
• Supervises and performs work involved in drawing the complaint for the appointing of a guardian, qualifying the guardian, and then preparing the judgment for the Surrogate's signature, advising as to the facts and also as to fitness of the guardian in accord with NJ laws and also ensuring that a bond in the proper amount is presented for approval of the Surrogate.
• Supervises and performs work involved in signing and taking full responsibility for affidavits in Lieu of Guardianship where a minor's estate does not exceed $5,000.
• Supervises and performs work involved pursuant to an order entered by the court directing the Surrogate's Court to issue letters of guardianship for incompetents, qualifying the duly appointed guardian, preparing his/her power of attorney to the Surrogate, and accepting the proper surety bond as fixed by the court.
• Prepares and supervises the preparation of correspondence.
• Answers the more difficult inquiries.
• Consults with attorneys regarding matters pending or to be presented to the court, attending to requests for immediate service, and personally expediting or supervising the expedition of the case to obtain the Surrogate's certificates requested.
• Prepares commissions for depositions for out-of-state or county fiduciaries and/or witnesses.
• Expedites or supervises the expedition of cases that have not been completed.
• Prepares reports.
• Gives assignments and instructions to probate clerks and other assigned employees.
• Supervises the establishment and maintenance of records and files.
• Will be required to learn to utilize various types of electronic and/or manual recording and information systems used by the agency, office, or related units.

Experience

Five (5) years of experience in the preparation and processing of legal papers and documents dealing with probate practices and procedures, one (1) year of which shall have been in a supervisory capacity.

License

Appointees will be required to possess a driver's license valid in New Jersey only if the operation of a vehicle, rather than employee mobility, is necessary to perform essential duties of the position.

Knowledge, skills and abilities

• Knowledge of probate practices and procedures and of techniques which would be useful in performing probate and related work.
• Ability to organize assigned supervisory and other work.
• Ability to interpret and apply NJ laws and the Rules of the Supreme Court with respect to probating of wills and administration of estates.
• Ability to be keep abreast of any changes in concerned laws, decisions, and court rules.
• Ability to exercise independent judgment and accept responsibility for work of assigned employees.
• Ability to work harmoniously with associates and the public.
• Ability to give assignments and instructions to assigned employees.
• Ability to supervise the establishment and maintenance of records and files. Ability to utilize various types of electronic and/or manual recording and information systems used by the agency, office, or related units.
• Ability to read, write, speak, understand, and communicate in English sufficiently to perform duties of this position. American Sign Language or Braille may also be considered as acceptable forms of communication.
• Persons with mental or physical disabilities are eligible as long as they can perform essential functions of the job after reasonable accommodation is made to their known limitations. If the accommodation cannot be made because it would cause the employer undue hardship, such persons may not be eligible.

Note

The examples of work for this title are for illustrative purposes only. A particular position using this title may not perform all duties listed in this job specification. Conversely, all duties performed on the job may not be listed.

Successful completion of an approved course of paralegal training at an accredited school or educational institution may be substituted for one (1) year of non- supervisory experience.