Legal Question in Wills and Trusts in New Jersey

Re: death without a will

If she was not married, and you are the only living child, and there are no other living issue [e.g. she had no surviving children, grandchildren, etc.]; then you would be the sole intestate heir.

You should apply to be appointed as the Administrator for her estate in the NJ county where she lived.

If you need assistance, please feel free to contact me.

Re: death without a will

I agree with Jonathan completely. It is a relatively simple process to go to the Surrogate's office in the county where your Mom resided when she passed away to begin the process of administering her estate.

Re: death without a will

I agree with Jon and Tina, but add that probate only covers assets she owned in individual registration. Assets registered jointly with another living person and those with a designated beneficiary (like joint or POD bank accounts, insurance policies and retirement plan accounts) do not go through probate and automatically pass to the survivor or designated beneficiary. If you need assistance or have more questions, contact me directly.

Re: death without a will

Your father, if they were still married and he is still around. Otherwise, you could file...what County did she reside?

Mike