Legal Question in Wills and Trusts in New Jersey

Re: Probate a Will in NJ

When there is a Will,the only legal way to administer an estate and to distribute its assets is to probate the will, and be appointed by the Surrogate as the Executor under the Will. Any transfers of estate assets without such an appointment and without following directions in the Will, all of which may happen only after all estate debts are paid, will subject the executor to personal liability.

Re: Probate a Will in NJ

If the executor has physical possession of the original signed will, he or she has a duty to probate the will. If they do not wish to serve as executor, they can renounce the appointment, and lodge the original will with the Surrogate (presumably the alternate executor named in the will would then accept the appointment and probate the will).

Re: Probate a Will in NJ

I concur with the other authors, subject only to the following. Since a Will only operates on assets personally and individually owned by a decedent, not assets held jointly and with survivorship in another, or those having a designated beneficiary (like life insurance or a retirement plan), the need to probate a Will depends upon what were the assets and how were they registered. If there were no assets as to which a Will operates, there is no need to probate it.