SENIOR PROBATE CLERK

Code: 03527 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 takes the lead over at least one probate clerk, supervises other clerical personnel engaged in the work, and/or performs the more responsible tasks involved in preparing the instruments to admit a will to probate, grant letters of trusteeship, and letters of testamentary guardianship; determines 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 inquiries regarding procedures in the Surrogate's Court; does other related duties 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 and, if all is found in accord with the laws of probate, draws up the judgment of probate for the signature of the Surrogate.
• If the 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 administration of the estate of the deceased.
• Takes and signs 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.
• Takes and signs 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 appointing of a guardian, qualifies the guardian, and then prepares the judgment for the Surrogate's signature advising as to fitness of the guardian in accord with NJ laws and ensures that a bond in the proper amount is presented for approval of the Surrogate.
• Where a minor's estate does not exceed $5,000, prepares an affidavit in Lieu of Guardianship, signs same, and 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 the power of attorney to the Surrogate, and accepts the proper surety bond as fixed by the court.
• Handles the more responsible/complex correspondence.
• Receives and makes telephone calls.
• Consults with attorneys regarding matters pending or to be presented to the court.
• Attends to request for immediate service and personally expedites the case to obtain the Surrogate's certificates requested.
• Expedites probate cases that have not been completed.
• Prepares reports.
• Takes the lead in establishing/maintaining 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.

Education

Satisfactory completion of an approved course of paralegal training at an accredited school or educational institution may be substituted for one (1) year of the above experience.

Experience

Two (2) years of experience in preparing and processing legal papers and documents dealing with probate practices and procedures.

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/procedures and of techniques used in performing probate and related work.
• Ability to understand NJ laws and 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 law, decisions, and court rules.
• Ability to exercise judgment.
• Ability to organize assigned work and develop effective work methods.
• Ability to work harmoniously with associates and the public.
• Ability to maintain 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.