Legal Question in Wills and Trusts in New Jersey
probate of will
Do you have to probate a will? There is no problem with the heirs in dividing up the proceeds and they hate to pay the legal fees.
3 Answers from Attorneys
Re: probate of will
A Will is meaningless unless it goes through the probate process and an executor is appointed to carry out its provisions. If any of the decedent's property was registered in his name, such as stock certificates or bank accounts, it will be impossible to transfer ownership, unless an executor is appointed.
Re: probate of will
For most Estates, where there are assets (bank accounts, automobiles, house) that have the deceased person's name on the ownership documents, then you have to deal with that in some acceptable manner. For small estates in New Jersey, there is a very fast and easy way to probate the Will; a lawyer's help may not be needed or you may need only a very little assistance.
If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.
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Re: probate of will
The necessity to probate a Will depends upon asset ownership, not convenience of the heirs. There may be assets to be distributed that require someone to formally represent the estate, to provide necessary signatures and authority. Probate can be done solely by the person named in the Will, without an attorney, but he/she may not be able to do everything required (e.g., final income tax returns, possible estate or inheritance tax returns, payment of final bills, liquidation of non-cash assets, preparing and recording Deeds, if real estate is involved, etc.). If only cash assets are involved, no returns are required, etc., minimal costs may be incurred for attorney/accountant assistance.