PROBATE CLERK, TYPING

Definition

Under direction prepares the necessary instruments to admit a will to probate, grant letters of trusteeship or testamentary guardianship, and determines the right of the person applying for appointment as an administrator and/or as an administrator ad prosequendum, and takes affidavits in Lieu of Administration; draws the complaint for the appointing of a guardian, takes affidavits in Lieu of Guardianship, and prepares the qualification of a guardian of an incompetent person and examines all papers filed to determine if they are in proper form and completes the appointment; answers a variety of inquiries regarding procedures in the Surrogate's Court; does related work and typing as required.

Examples of work

• Receives wills and testaments.
• Examines wills as to form and execution and if they are in order and the proper persons are present.
• Prepares all papers necessary for the probating of wills, qualifies the executor, examines the witnesses, and takes their sworn testimony; if all is found in accord with the laws of probate, draws up the judgment of probate for the signature of the Surrogate.
• If requirements for probate have not been met, prepares a certificate of doubt for the signature of the Surrogate.
• In cases where the deceased left no will and letters of administration are applied for by the nearest next-of-kin, determines the right of the individual next-of-kin as to the administration of the estate of the deceased.
• Is responsible for taking and signing the affidavit of the surviving spouse entitled to the assets without administration in estates where there is no will and the total value of the estate does not exceed $10,000.
• Is responsible for taking and signing the affidavit of the proper next-of-kin entitled to the assets without administration in estates where there is no will, no surviving spouse, and the total value of the estate does not exceed $5,000.
• Draws the complaint for the appointing of a guardian, qualifies the guardian, and prepares the judgment for the Surrogate's signature advising as to the fitness of the guardian in accord with the laws of New Jersey and ensures that a bond in the proper amount is presented for the approval of the Surrogate; where a minor's estate does not exceed $5,000 an affidavit in Lieu of Guardianship is prepared and signed by the probate clerk who takes full responsibility of the matter.
• Pursuant to an order entered by the court directing the Surrogate's court to issue letters of guardianship for incompetents, qualifies the duly appointed guardian, prepares his/her power of attorney to the Surrogate, and accepts the proper surety bond as fixed by the court.
• Replies to mail, receives and makes telephone calls, consults with attorneys regarding matters pending or to be presented to the court, attends to requests for immediate service, and personally expedites the case to obtain the Surrogate's certificates requested.
• Prepares commissions for depositions for out-of-state or county fiduciaries and/or witnesses.
• Examines the pending file of probate matters frequently to dispose of cases that have not been completed.
• Prepares suitable reports, dockets, judgment orders, accounts appeals, and minutes.
• Establishes and maintains necessary records and files.
• Types documents from varied forms of copy.
• Will be required to learn to utilize various types of electronic and/or manual recording and computerized information systems used by the agency, office, or related units.

Education

Satisfactory completion of one (1) year of study at an accredited School of Law.

OR

One (1) year of experience with the preparation and processing of legal papers and documents dealing with probate practices and procedures.

Knowledge, skills and abilities

• Knowledge of probate practices and procedures and of techniques that would be useful in performing probate and related work.
• Ability to understand the laws of New Jersey and the rules of the Supreme Court with respect to the probating of will and administration of estates.
• Ability to keep abreast of any changes in concerned laws, decisions, and court rules.
• Ability to organize assigned work and develop effective work methods.
• Ability to work harmoniously with associates and the public and to maintain suitable records.
• Ability to learn 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, or communicate in English sufficiently to perform the 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 the 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.
• CODES: LG- CAH 8/22/96
• This job specification is for local government use only.

Note

The definition and 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.