Legal Question in Wills and Trusts in New Jersey
Settling an estate
When someone dies, does the sole surviving son automatically become responsible for settling the estate if there is no will?
3 Answers from Attorneys
Re: Settling an estate
If there is no will, the person has died 'intestate'. In that case, an "Administrator" must be appointed by the Surrogate to administer the estate. If there is a surviving spouse or domestic partner, that person has priority to qualify. If there is no spouse or domestic partner, then any heir or heirs of the decedent may qualify as administrator.
Re: Settling an estate
No. In that case, anyone can apply through the County Surrogate for letters of administration.
Re: Settling an estate
In most cases, if there is only one child then that child will inherit if there is no Will. To transfer ownership of assets, the child will need to take action.
You really should at least talk to a lawyer.
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