Probate and estates in New Jersey
When someone dies, New Jersey requires probate. We guide executors and families through it, from the Surrogate's office to distribution of the estate.
What probate is
Probate is the state's way of making sure a person's assets pass properly to the people entitled to them, and that any taxes or liens owed to the state or other parties are paid.
Nobody gets out of it. Even if you are the only living relative and the will says "I leave everything to you," the will still has to be probated. The best you can do is keep the process short and free of conflict, because the sooner it ends, the sooner the assets are released.
How long it takes is not entirely in your control. A large or complicated estate, an estate left in disarray, a missing or poorly drafted will, or someone contesting the will can stretch probate out for years.
How probate works in New Jersey
The person named as executor in the will is responsible for probating it. The usual order of events is:
- Wait at least ten days. An executor must wait at least ten days after the death before probating a will.
- Go to the county Surrogate. Probate takes place before the Surrogate in the county where the person lived at the time of death. Bring the original will (the Surrogate generally will not probate a copy), a certified copy of the death certificate, the names and addresses of the next of kin, and a checkbook for fees and costs.
- Receive letters and certificates. Once the Surrogate finds the will valid, it issues letters and certificates that prove the executor's authority to collect and transfer the person's assets. If the will is "self-proving," the Surrogate can accept it without extra proof or testimony.
- Collect the assets and pay the bills. The executor lists and collects the assets, pays expenses including medical, hospital, and funeral costs, and sends notice to creditors. If creditors respond, the executor can accept, reject, or settle their claims.
- Distribute the estate. After New Jersey issues the tax waivers, the executor has each beneficiary sign a refunding bond and release, then distributes the assets as the will directs.
Because these steps are time sensitive and somewhat complicated, executors usually want an experienced probate attorney's help.
One caution: naming a beneficiary as executor can create an obvious conflict of interest. Often a trusted family attorney is appointed executor so the estate is handled fairly for everyone.
What if there is no will?
New Jersey has already written one for you, and it may not match what the person wanted. In short:
- If there is a spouse or partner and all the children are also the spouse's or partner's, the spouse or partner inherits the whole estate.
- If there are children from an earlier relationship, the spouse or partner gets a share and the children get a share.
- If there is no spouse or partner, the children inherit. With no children, the estate goes to the parents, and with no parents, to the brothers and sisters.
- Stepchildren inherit nothing.
This is a simplified summary. Every estate is different, so call us about yours.