Legal Question in Wills and Trusts in New Jersey
Apply for Administrator When No Will Is Found
Hi,
My mom just passed away & apparently intestate as no will has been found. There will be monthly bills to be paid, ie: property taxes, home insurance, fedreal taxes etc.
Without access to funds to pay the bills on the above mentioned, can a next of kin apply to access funds so that the bills can be paid on a regular basis while the estate goes through probate?
This is in NJ.
2 Answers from Attorneys
Re: Apply for Administrator When No Will Is Found
If Dad is unavailable, any of the siblings (chilldren) can apply to the Surrogate to be appointed Administrator of her estate (this is the procedure where someone dies without a Will). While all eligible children can apply, they can designate only one or more, to apply. The procedure is more complcated than probating a Will, as the person appointed must be bonded and the bond posted before authority is granted by the Surrogate. Since this may take some time, I suggest the family agree that someone will pay the bills and be reimbursed when the estate is liquidated, or notify all creditors of the problem and get permission to delay payment without incurring interest charges. The latter may not be acceptable to creditors, so I suggest someone pay the bills and get reimbursed. If you need assistance or have more questions, contact me directly.
Re: Apply for Administrator When No Will Is Found
The closest relative, husband or child, should immediately apply to the Surrogte to be appointed Administrator of the estate. This is more complicated than probabting a Will, as the person must be bonded and the bond issued before an appointment is finalized. If anyone pays the bills personally, they can be reimbursed once the estate is liquidated. If you need help or have further questions, contact me directly.