Legal Question in Wills and Trusts in New Jersey
Becoming Appointed Estate Administrator
My mother (unmarried) died recently, leaving no will. There are four surviving children, who all agree that on who should become the administrator of her estate. What is the process/paperwork does the NJ court system require in this regard?
2 Answers from Attorneys
Re: Becoming Appointed Estate Administrator
I agree with Laura as to the procedure. The Surrogate will also supply you with a list of approved bonding companies, and all charge the same premium. Note that when you advise the Surrogate on the size of the estate, this determines the amount of the bond needed. Do not include in the calculation of the size of the estate, any assets registered jointly with anyone, as they are not included in the "probate" estate. If you need assistance, contact me directly.
Re: Becoming Appointed Estate Administrator
The three children who are not going to be the administrator must sign a renunciation in favor of the one who is to be administrator. The proposed administrator should go to the surrogate court of the county in which your mother resided prior to her death, and bring the death certificate and the properly executed renunciations. The proposed administrator should know the extent of your mother's assets and debts. The surrogate will set a bond amount, and the proposed administrator will have to qualify for a bond in order to be entitled to administer the estate.
In some cases the bonding company will require that a New Jersey attorney supervise the administration of the estate, as a condition of the bond.
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