Category Archives: Bergen County Surrogate

Many years ago when I decided to make public service my life’s work, I promised myself that I would base my service on several tenets that were of extreme importance to me. I promised that I would treat all my constituents with professionalism, empathy, and impartiality no matter what the situation. I also promised myself that at all times I would be transparent so that the people I serve would trust me. I recognize that the time that it takes to probate a will in Bergen County has been lengthier than usual over the past two months. The reason for the change has been a result of several instances whereby my staff has been unexpectedly reduced.

This reduction in staffing has been a result of several serious medical conditions, some of which have been life-threatening. We have also had as many as six people out at the same time due to COVID. There have been instances related to the issues outlined above that have left as few as two probate clerks working in the office on a given day. As all these employees have been on medical leave, I have been unable to replace them on a temporary basis to address the workload due to governmental budgetary constraints.

It is my belief that I have the best staff of any Surrogate’s Court in the State of New Jersey; however, when my staff is depleted as stated above we can only do so much. I have taken steps to replenish the office by hiring more staff and therefore hope to quickly shorten the wait time to probate a will. During my tenure as Surrogate, I believe I have always had a good relationship with the Bar Association in Bergen County. In the meantime, I appreciate your patience and understanding. We are getting back to normal and will continue to provide the type of great service you are used to from the Bergen County Surrogate’s Court.

/s/ Michael R. Dressler
Bergen County Surrogate

 A request has been made by the Honorable Michael R. Dressler, Bergen County Surrogate to establish a list of those attorneys who would be willing to serve as the administrator of an Estate where the decedent died without next of kin. Where the Estate has little or no assets, the administration would be pro bono and would fulfill the pro bono requirement for attorneys in the State of New Jersey. Where the Estate has substantial assets, the administrator would be able to collect statutory commissions and legal fees as permitted by N.J.S.A. 3B:18-6. The Surrogate requests that any attorney interested in serving should communicate by either letter or email to be accompanied by their resume. The email address is Dressler52@yahoo.com. 

We thank you for your service to the Bar Association and to the Bergen County Surrogate’s Court. 

May 15, 2022 marks the one year anniversary of the amendments to R. 4:86 requiring background screening for certain proposed guardians. Since the inception of the background screening requirement, Bergen County has filed in excess of 275 adult guardianship applications, with almost 50% requiring background screening for at least one proposed guardian.

The Bergen County Superior Court and the Bergen County Surrogate’s Court are experiencing difficulty with fingerprinting various proposed guardians, wherein the proposed guardian(s) fail to contact the Sheriff’s Department to schedule fingerprinting and/or fail to appear for their fingerprinting appointment(s) which were scheduled by the proposed guardian. This results in multiple adjournments to the detriment of the alleged incapacitated individual.

Follow up telephone calls or emails from the Court to proposed guardians with regard to same are met with a plethora of reasons as to why fingerprinting has not occurred. By way of example, and by no means an exhaustive list:

• Proposed guardian was previously fingerprinted for another reason (ie. employment) and should not need to be fingerprinted
• Proposed guardian works full time and cannot appear for fingerprinting during business hours
• Proposed guardian is out of the country on business for several months
• Proposed guardian refuses to provide Social Security Number required for background screening
• Counsel failed to notify proposed guardian of requirement to be fingerprinted

At present, the Bergen Vicinage and the Bergen County Surrogate are both operating with a reduced staff and the continuous and repeated attempts to follow up with proposed guardians has been challenging, particularly when they are represented by counsel and should have been thoroughly advised as to the Court’s background screening policy.

We urge counsel to explain to proposed guardians that the requirement for background screening is mandated by the Administrative Office of the Courts, and failure to comply with the requirement in a timely manner will result in automatic disqualification of the proposed guardian.

Applications for adult guardianship that are not accompanied by Name/Address/Phone Number/Social Security Number/Date of Birth/and Email Address of proposed guardians will not be docketed until this information is provided.

Further, proposed guardians will be afforded sixty (60) days from the date of filing to complete background screening. Failure to do so will result in automatic disqualification of the proposed guardian(s) absent exigent circumstances. Notices will be sent to counsel and pro se litigants with signed Orders Fixing Hearing Date.

We ask that you recognize the seriousness of timely compliance in protecting the rights of Bergen County’s most vulnerable citizens and thank you in advance for your anticipated cooperation.

/s/ Bonnie J. Mizdol, A.J.S.C. and Surrogate Michael R. Dressler Bergen County

May 5, 2022