Legal Question in Wills and Trusts in New Jersey

Re: when to probate

Not all wills in NJ need to be probated. However, if there are probate assets (like the bank account you mention) then the will should be probated in order to distribute that asset as the decedent wanted (rather than by intestacy). As for the NJ inheritance tax, the inheritance tax lien must be removed before the account can be completely distributed. The lien is released by filing the inheritance tax return and paying any tax due. Based on your question, the tax may be 15% of the residuary estate, depending on the relationship of the beneficiaries to the decedent.

Jonathan S. Chester, Esq.

908-273-1212

Re: when to probate

Any estate that has assets of this magnatude to distribute must have the will probated to permit the proper "Letters Testamentary" to be issued by the Surrogate. The estate will file a Inheritance Tax Return, and an Accounting should be prepared and accepted by all beneficiaries.

Re: when to probate

The Will should be probated to protect the people making a distribution. The cost of probate is approximately $100 and is done at the County Surrogate's Office of the decedent's residence. Protect yourself!