Legal Question in Wills and Trusts in New Jersey

Administration of NJ Estate

At least ten days after death, the executor takes the Will to the Surrogate of the County of the decendent's domicile. The Surrogate will issue certificates evidencing the appointment of the Executor who then has the job of collecting the assets and paying the costs of administration and debts of the estate. The Executor should ask the Surrogate to issue and publish an Order Limiting Creditors which requires debts be submitted within six months. When the Estate is fully administered but before any assets are turned over to beneficiaries, the Executor should prepare an accounting and submit it to each benenficiary with a Release and Refunding Bond. If all of the beneficiaries sign this, the Executor can then pay over the bequests as provided by the Will. PLEASE NOTE THAT THIS IS ONLY A GENERAL DESCRIPTION OF HOW AN ESTATE IS ADMINISTERED. SINCE EVERY CASE IS DIFFERENT YOU ARE ADVISED TO SEEK THE ADVICE OF AN ATTORNEY IF YOU HAVE ANY QUESTIONS ABOUT YOUR PARTICULAR MATTER.

NJ - Uncles Estate

You will have to probate (file) the will with the Surrogate of the County where your uncles resided and get letters testamentary issued to you so that you may carry out your obligations as executor under the will. I assume that your uncle's wife is dead; if not, the probate will be more problematic.

The Surrogates are generally very helpful. You may wish to go to the Surrogate's office to get some advice, explanation of the process. Gather and take with you the following:1. death certificate2. list of all assets and debts, of your uncle3. list all next of kin with names, addresses, ages4. you will have to determine the sufficiency of execution of the will, and if nececssary, take along one of the witnesses to the will.

You can't probate until at least 10 days after the date of death. In some cases, you may have to give notice to all beneficiaries with a date for hearing as to whether the will should be admitted to probate. If this is the case, you should consult an attoroney to represent you as the executor and assist you in this process.

There is a state inheritance tax of 15% where the degree of relationship is uncle to nephew and nieces, for estates of under $700,000.