Legal Question in Wills and Trusts in New Jersey

My grandmother passed away in 2007 and my aunts and uncles never even tried to become the executer of the accts. I am aware of a few investments that she still has. Is there any way I can petition to become the executer of her estate as her grandaughter?


Asked on 8/29/09, 10:08 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

You need to find out if your grandmother had a will, and if so if it was ever probated. If there is no will, you can apply to be appointed as the administrator for the estate by making an application at the Surrogate's office.

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Answered on 9/03/09, 10:35 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Jon. Only if there is a Will can an Executor be appointed. If there is no Will, the procedure is Administration and the closest living relative can apply for appointment. If no children have survived or desire to be appointed, they could allow you to do it. Without a Will the estate passes by intestacy (dying without a Will) and the intestacy statutes control who inherits. If the estate is small, you do not need an attorney and the Surrogate can guide you through the process. If you need assistance, contact me directly.

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Answered on 9/03/09, 11:03 am


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