Legal Question in Wills and Trusts in New Jersey

Re: Form for executor when no executor has been appionted.

I agree with Jon. Several questions: What is the size of the estate and how are the assets registered, jointly, individually, POD accounts, etc. Even if there are no death taxes involved, the nature of the assets and their registration determine what is required. Administration is only needed if the assets were solely owned by and titled in the name of the decedent. Assets in joint names, having a designated beneficiary (such as life insurance or retirement plans with named beneficiaries), designated as POD or ITF, do not require the administration process. Even if no administration is required, there is a possibility of death taxes being due. Also, if there is an administration, a bond will be required. All of this will be explained by the Surrogate. If you need more help, contact me directly.

Re: Form for executor when no executor has been appionted.

If there is no will, the surviving spouse needs to

go the the Surrogate's office and qualify as the Administrator for the estate. Once she qualifies, she will recieve "Letters of Administration" from the Surrogate. She will need an original death certificate. She will administer the estate and make distributions according to the intestacy statute.