Legal Question in Wills and Trusts in New Jersey

Re: estate questions

A Will is probated whenevr the maker of it dies and there is property to be diposed pursuant to its terms. If the decedent owned no property in his/her individual name (such as only having jointly registered assets and a joint owner survives the decedent, or only has property with a designated beneficiary, like life insurance, restirement plans or POD accounts) there is no need to probate the Will. However, most people have some assets covered by a Will, like a car, household furniture and furnishings orother personal property, etc.. If there is property impacted by the Will, an Executor has the duty to probate the Will, collect and evaluate those assets, pay all bills and estate expenses, file final tax returns and ultimately to account to and distribute remaining assets to the beneficiaries. Once probated all beneficiaries are required to receive a copy from the Executor when he advises them of the probate and his appoitment.

Re: estate questions

In CT, the will must be probated within 30 days of death. The will becomes a public document once its probated.

If the will does not need to be probated because there are no assets, then the executrix/executor has no duties.