Job Specification
SENIOR PROBATE CLERK
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.
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.
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.
REQUIREMENTS:
EXPERIENCE:
Two (2) years of experience in preparing and processing
legal papers and documents dealing with probate practices and
procedures.
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.
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/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.
This job specification is applicable to the following title code: | | Job
Spec
Code | Variant | State,
Local or
Common | Class of
Service | Work
Week | State
Class
Code | Local
Class
Code | Salary
Range | Note | | 03527 | | L | C | | N/A | 06 | | - |
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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