PROBATE CLERK

Code: 04782 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, prepares necessary instruments to admit a will to probate, grant letters of trusteeship, and letters of testamentary guardianship, and determines right of person applying for appointment as an administrator and/or as an administrator ad prosequendum takes affidavits in Lieu of Administration; draws complaint for appointing of a guardian, takes affidavits in Lieu of Guardianship, and prepares qualification of a guardian of an incompetent person and examines all papers filed to determine if they are in proper form and completes appointment; answers a variety of inquiries regarding procedures in 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 proper persons are present.
• Prepares all papers necessary for probating of the wills.
• Qualifies executor, examines the witnesses, and takes their sworn testimony, and, if all is found in accord with laws of probate, draws up judgment of probate for signature of Surrogate.
• If the requirements for probate have not been met, prepares a Certificate of Doubt for the signature of Surrogate.
• In cases where deceased left no will and letters of administration are applied for by nearest next-of-kin, determines the right of individual next-of-kin as to administration of estate of deceased.
• Takes and signs affidavit of surviving spouse entitled to assets without administration in estates where there is no will and total value of estate does not exceed $10,000.
• Takes and signs affidavit of proper next-of-kin entitled to assets without administration in estates where there is no will, no surviving spouse, and total value of estate does not exceed $5,000.
• Draws complaint for appointing of a guardian, qualifies guardian, and then prepares judgment for Surrogate's signature advising as to fitness of guardian in accord with laws of New Jersey and ensures that a bond in proper amount is presented for approval of Surrogate.
• Where a minor's estate does not exceed $5,000, an affidavit in Lieu of Guardianship is prepared and signed by probate clerk and takes full responsibility of matter.
• Pursuant to an order entered by court directing Surrogate's Court to issue Letters of Guardianship for incompetents, qualifies duly appointed guardian, prepares power of attorney to Surrogate, and accepts the proper surety bond as fixed by court.
• Replies to mail, receives and makes telephone calls, consults with attorneys regarding matters pending or to be presented to court, attends to requests for immediate service and personally expedites case to obtain Surrogate's certificates requested. Prepares commissions for depositions for out-of-state or county fiduciaries and/or witnesses.
• Examines pending file of probate matters frequently to dispose of cases that have not been completed.
• Prepares suitable reports and dockets judgment orders, accounts appeals, and minutes.
• Prepares commissions for depositions for out-of-state or county fiduciaries and/or witnesses.
• Establishes and maintains necessary 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

One (1) year 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 and procedures and of techniques which would be useful in performing probate and related work. Ability to understand laws of New Jersey and the rules of Supreme Court with respect to 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 public and to maintain suitable records. 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 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. This job specification is applicable to the following title code(s) which are different work week or work month and/or variants of the job class title: Job Spec Code State, Local or Common Class of Service Work Week State Class Code Local Class Code Salary Range

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. NOTE: Appointments may be made to positions requiring bilingual skills. Bilingual in Spanish and English. SPECIAL SKILL Applicants must be able to read, write, speak, understand, or communicate in Spanish and English sufficiently to perform the duties of this position. Successful completion of an approved course of paralegal training at an accredited school or educational institution may be substituted for the above experience. LC N/A04-Bilingual In Spanish And EnglishLC N/A04- This job specification is for government use only. Salary range is only applicable to state government. Local salaries are established by individual local jurisdictions. 5/01/2003