Job Specification
PROBATE CLERK
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.
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.
04782- 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.
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.
REQUIREMENTS:
EXPERIENCE:
One (1) year of experience in preparing and processing legal papers and
documents dealing with probate practices and procedures.
NOTE: Successful completion of an approved course of
paralegal training at an accredited school or educational
institution may be substituted for the above experience.
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 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 | Variant | State,
Local or
Common | Class of
Service | Work
Week | State
Class
Code | Local
Class
Code | Salary
Range | Note | | 02865 | | L | C | | N/A | 04 | | - | | 04782 | Bilingual In Spanish And English | L | C | | N/A | 04 | | - |
This job specification is for local government use only.
Salary range is only applicable to state government.
Local salaries are established by individual local jurisdictions.
1/05/1999 |
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