Legal Question in Wills and Trusts in New Jersey

Final settlement

My Mother died July 12th. New Jersey allows mauimum 8 months to settle the estate. We want to settle it sooner. My sister says we MUST wait the 9 months in case a bill comes in that late. How much time do creditors have to submit final bills to the estate? DO we have to wait the 8 months?


Asked on 10/13/08, 1:06 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Final settlement

You do not say if you advertised a Notice To Creditors as part of the probate process. If so, this restricts creditors as to how mkuch time they can take to submit bills, allowing you to settle the estate ASAP. If this is a simple estate, do whatever you can, not having to wait the 8 months, but keep a reasonable reserve in case some last minute bills come in. To close the estate with the Surrogate, each beneficiary must give you a Release and Refunding Bond, which gets recorded with the the Surrogate's Office and which is a receipt acknowledging they got what they should have from the estate. Part of this document is an agreement from the recipient to reimburse you if a late bill comes in after the estate is distributed. I suggest that the reserve is better, as you will have funds on hand and need not try to recoup from the heirs. After a reasonable time, any unexpended part of the reserve becomes an additional distribution. If you need more information or assistance, contact me directly.

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Answered on 10/13/08, 4:54 pm


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