Legal Question in Wills and Trusts in New Jersey

Re: Mom died with a Will in NJ

If there is a will, it needs to be probated. It is not a major difficulty to do so. Go to the surrogates office in the county where your mom resided when she passed. They will assist you in filing the proper paperwork. Since there are no disputes between all four siblings, it is a matter of procedure to file the paperwork and "probate" the will. Do so as soon as possible.

Re: Mom died with a Will in NJ

Yes. In order to transfer any real estate or other property, an estate must be opened and administered. The Will should be filed with the Surrogate of the County where she resided, and an Executor officially appointed.

The administration consists of gathering information on all of her assets and debts, and paying all taxes [income, inheritance etc] before distributing or transferring any property.

Unless the Will leaves everything to the 4 siblings, there may be other beneficiaries entitled to property left to them.

Without going through the estate administration, the property will not be properly transferred, and when, for example, the new owner tries to sell the house, any title insurance company would require further action to be taken in order to clear title.

Also, without having filed all necessary tax returns and paid the taxes, the estate and all of you could be liable for the taxes and penalties and interest.