Legal Question in Wills and Trusts in New Jersey

Re: probate

The Will should be probated (whether it is contested or not does not matter). An executor must be appointed by the Surrogate in order to have the legal authority to administer the estate and carry out the terms of the Will.

In NJ, probating the Will is a fairly simple process. The executor named in the Will will need to bring the original Will and an original death certificate to the Surrogate's office in the county where the decedent lived.

If you need assistance, you can contact me.

Re: probate

UNLESS EVERY ASSET OF THE DECEDENT IS REGISTERED IN JOINT NAMES WITH SOMEONE OR HAS BEEN PLACED IN A TRUST (INCLUDING PERSONAL PROPERTY, FURNITURE AND FURNISHINGS, CARS, ETC.), IT IS NECESSARY THAT A WILL BE PROBATED, SO THE NAMED EXECUTOR CAN BE FORMALLY APPOINTED BY THE SURROGATE'S COURT AND RECEIVE OFFICIAL DOCUMENTS EVIDENCING THE APPOINTMENT. THESE DOCUMENTS ARE REQUIRED TO AUTHORIZE THE PAYMENT OF BILLS, LIQUIDATION OF ASSETS AND TO OTHERWISE ADMINISTER THE ESTATE AND ARRANGE FOR DISTRIBUTION OF ASSETS AS SPECIFIED IN THE WILL. THIS IS REQUIRED EVEN IF THERE IS ONLY ONE PERSON NAMED AS BOTH EXECUTOR AND SOLE RECIPIENT. THE PROCEDURE IS SIMPLE IF THE WILL IS SELF-PROVING (HAS BEEN BOTH WITNESSED AND NOTARIZED) AND MERELY REQUIRES ABOUT A 15 MINUTE APPEARANCE AT THE SURROGATE'S OFFICE (IN ESSEX COUNTY THIS CAN BE DONE THROUGH THE MAIL, AND FORMS ARE AVAILABLE ON LINE). ALL YOU NEED IS THE ORIGINAL WILL AND A DEATH CERTIFICATE, AND A CHECK TO COVER THE FEES, WHICH DEPENDS UPON HOW MANY PAGES THERE ARE OF THE WILL AND HOW MANY CERTIFICATES YOU NEED TO TRANSFER ASSETS. YOU DO NOT EVEN NEED AN ATTORNEY TO ASSIST YOU. HOWEVER, SINCE ADDITIONAL FORMS MAY BE REQUIRED, IT IS BEST TO USE AN ATTORNEY TO ASSIST YOU, ESPECIALLY IF ESTATE OR INHERITANCE TAXES MAY BE INVOLVED, AN ACCOUNTING TO HEIRS NEED BE MADE, AND TO EVENTUALLY CLOSE THE ESTATE. I CAN ASSIST YOU IF NEEDED. SINCE YOU PROVIDED NO DETAILS ON THE WILL CONTENTS, THE NATURE OF THE ASSETS INVOLVED AND THEIR MARKET VALUE ON DATE OF DEATH, I DO NOT KNOW WHAT MAY BE INVOLVED, SO A MERE GENERAL RESPONSE IS PROVIDED.