Legal Question in Wills and Trusts in New Jersey

Re: Probating the estate of an Intestate

Whoever wants to be the Administrator must go to the Suurrogate's Office in Mercer County, NJ (It's in Trenton). He/she must have with them or obtain signed, notarized Renunciation forms from all other relatives of equal or closer kinship to the decedent (the Surrogate can provide this form). After posting a bond and appointment, administrator does what the Executor would've done had there been a Will. The six children would share equally in the estate. The insurance proceeds would go to the beneficiary named on the policy.

Re: Probating the estate of an Intestate

One of the children needs to qualify as the Administrator (male) or Administratrix (female) of the estate by going to the office of the Surrogate in your county. This would be in Trenton, in your case. The surrogate will ask to have the other children waive their right to administer the estate. If more than one wants to take care of the administration, they can qualify as Co-Administrators. After qualifying, the Administrator will then go about the business of liquidating the estate, selling assets or dividing them up amicably among the heirs and also filing the appropriate Return with the Transfer Inheritance Tax office. In the case of real estate, you will need to obtain, after filing the Return, a tax waiver in order to allow for the transfer of the property at a latter date. None of this is very complicated, but there are some important steps that must be taken to be sure that all loose ends are tied up properly. If you have any doubts, you should consult with an attorney who is familiar with the probate laws. Good luck!