Legal Question in Wills and Trusts in New Jersey

Intestate Estate

My uncle died in 2003 in Fortescue, N.J., and left no will. An attorney from Bridgeton, N.J. was appointed by the court as the administrator of the estate. Does the appointed administrator recieve the majority of the estate ? Your help is very much appreciated. Thank You.


Asked on 7/10/06, 12:33 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Intestate Estate

I appears that no one from the family came forward to handle the administration, so the Court appointed someone to handle this. The Court-appointed Administrator has the responsibility to ascertain all assets, debts, funeral bills and create a family picture. While debts and bills are being ascertained and paid, he also has the responsibility to contact all people who might be entitled to a share of the estate (this is done by creating a family tree) and notifying them of what is going on, and, ultimately, account to them and then get Court approval to finalize and distribute the assets to those entitled. In NJ there are 2 componets to the determination if the estate is subject to estate/inheritance taxes; the size of the estate and the relationship of the decedent to the beneficiary of the estate. These taxes also need to be paid before anything can be distributed.

This is a response to an Internet question and the reply is not intended to be legal advice or create an attorney-client relationship.

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Answered on 7/10/06, 1:05 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Intestate Estate

The Administrator does not receive a share of the estate. He or she is entitled to a statutory fee, based on the value of the estate assets he or she is responsible for.

As an aside, if your uncle died in 2003, it seems unusual for the estate to still be open in 2006...was this a complicated estate or are there problems?

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Answered on 7/10/06, 1:17 pm


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