Legal Question in Wills and Trusts in New Jersey

Re: becoming an administrator

If your husband had a Will, it should be filed with the County Surrogate for administration of his estate.

If he did not have a Will, you still should apply for appointment as Administrator / personal representative of the estate.

No one may receive any of his assets without the administration first being completed. This includes paying taxes, including income taxes and inheritance taxes, and funeral expenses. If he had debt and there is not enough left in his estate, his estate will be considered "insolvent". That means, simply, there's not enough to pay everyone.

As personal representative, you are not personally responsible for your husband's debts. However, there are some types of debt for which you may be responsible as his spouse.

Sometimes, the Surrogate will answer basic questions about filing for administration, but s/he will not give you legal advice. You probably should consult with an estates lawyer to help you with this.