Legal Question in Wills and Trusts in New Jersey

Re: What happens to the estate

The question is a bit confusing, as you do not describe who wants not to bother to go forth - the person whose Will it is, the Executor or a beneficiary? The answer depends what assets comprise the estate and how their ownership is titled. A Will only acts on assets owned by a decedent in his/her individual name, and which does not have a deignated beneficiary. For example, life insurance or a retirement plan with a named beneficiary is not covered by a Will. Jointly owned assets where the joint owner survives is not covered. Assets held by a trust are not covered. However, there are usually some assets, like personal property or a car, that would be covered. To liquidate and/or distribute these assets someone needs authority, so the Will is needed or the estate passes by intestacy (no Will) and an Administrator needs to be appointed. The closest living relative can usually apply to be appointed. Intestacy follows a family tree, by statute, to determine who is entitled to inherit. To assure all property goes to the person/people desired, a Will should be done and it should be probated. If you need more information, contact me directly.

Re: What happens to the estate

Mr. LeVine's advice is sound.

If you or any heir of the deceased is concerned about being personally responsible for debts of the deceased, only the estate and its assets can go to pay debts.

However, if a person takes or distributes assets without being properly authorized [by being appointed personal representative of the estate], or if appointed, does not follow appropriate procedures before distributing assets, then the personal representative may incur personal liability.

If you are an heir or otherwise entitled to administer the estate, the Surrogate's office in the county where the deceased lived at the time of death may help by providing forms and assistance in filling out the forms.

You may also want to consult a lawyer to help guide you through the process, because the Surrogate cannot give you legal advice.