Legal Question in Wills and Trusts in New Jersey

Re: execution of a will

I'm not sure I understand the question, but generally, an executor has a duty to probate the decedent's will promptly, or renounce the executorship and let someone else qualify as executor. They do not need to hire an attorney, although it is highly recommended that they do so.

There is no set 'time limit' for administering an estate in NJ, but the executor must do so 'expidiciously' meaning he or she can't delay the distribution without cause.

Re: execution of a will

The executor has a duty to wind up the affairs of the estate and to make a distribution of the assets with reasonable promptness. The courts are somewhat more lenient when an executor is not assisted by a lawyer but other wise, whether a lawyer is involved or not makes little difference in the obligation. Usually, the assistance of a lawyer will help do things more quickly if only because more attention will be paid to the affairs of the estate.

If you have a situation where an executor is not acting with reasonable promptness there are a number of straigntforward tactics that can be taken to speed things along. Contact a lawyer who handles the business of estates and explain you situation. My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

Re: execution of a will

I agree with the other authors that a reasonable time to probate is mandated, although no specific time period is specified in the NJ statutes. A Will cannot be probated before 10 days following the date of death, and the concept of "reasonable time" runs from the 10th day. It may be necessary to bring a suit to compel production of the Will for probate and, possibly, for removal of the person originally named in it. Keep in mind that a Will only operates on assets individually owned, not joint assets or assets that have a designated beneficiary. Also, while I am not suggesting anything improper was done during the time hiatus, if a suit is started, you may want to include asking for an accounting of what was done, if anything, from the date of death forward to assure all assets have been accounted for.