Legal Question in Wills and Trusts in New Jersey

probate court

Who needs to contact the Probate Court (or in this case the civil court, since NJ doesn't have a probate court) since my father doesn't have a will. As intestate heirs in this matter, my siblings and I do not want to be responsible for my fathers personal matters...we have been estranged for about 10 years. His older brother has been helping him out throughout the years and would be most suitable for overseeing his legal and financial matters. Will it automatically go to civil court or does someone need to file probate and then from there the court will appoint an administrator to the estate? As an intestate do I have a say on who can be appointed administrator? Also as next of kin can we deny responsibility for his estate?


Asked on 11/14/08, 3:18 pm

1 Answer from Attorneys
Miriam Jacobson Retired from practice of law

Re: probate court

You do not have to administer your father's estate. If no one steps up, then the estate is not administered. In NJ, estates are probated in the office of the Surrogate for the County in which the decedent resided. It does not automatically go to any court.

Unless there is any property in your father's estate that interests you, you have no personal responsibility to do anything.

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Answered on 11/14/08, 6:25 pm


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