The Surrogate Court was created by the New Jersey Constitution in 1844. The Surrogate’s Court is a court of limited jurisdiction. The jurisdiction of this court extends to the probate of Wills, qualifying of Trustees for Testamentary trusts and appointment of administrators of estates where no Will exists.

The Surrogate’s Court, also, is a depository for funds awarded to minors who through "friendly settlements", inheritances or as beneficiaries of life insurance proceeds. The funds are deposited into the Surrogate’s Intermingled Minors Fund and remains in this account until the minor reaches majority age (18 years of age). The Surrogate is custodian of this fund and acts on the funds at the sole discretion of the New Jersey Superior Court.

The Surrogate, Diane Gerofsky, who is by Constitution the Judge of the Surrogate Court, is also the Deputy Clerk of the Superior Court Chancery Division Probate Part. As the Deputy Clerk, the Surrogate appears in contested probate matters in Superior Court, swears in witnesses and takes minutes and notes during the Court proceedings. In this capacity the Surrogate is responsible for estate accounting reviews, insolvencies, appointment of guardians for incapacitated persons and actions to remove fiduciaries

The Surrogate’s Court, serves as Deputy Clerk of the Superior Court Chancery Division Family Part for adoptions. The Surrogate is responsible for reviewing the papers filed for an adoption procedure to ensure they meet the requirements of the court rules and New Jersey Statutes and schedules the adoption hearing. The Surrogate’s Court places the completed adoption under seal and maintains the adoption records.