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?


Asked on 7/25/06, 8:08 pm

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

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.

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Answered on 7/26/06, 9:10 am
John Corbett Corbett Law Firm LLC

Re: Settling an estate

No. In that case, anyone can apply through the County Surrogate for letters of administration.

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Answered on 7/25/06, 8:49 pm
Robert Davies The Davies Law Firm, P.A.

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.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 7/25/06, 8:50 pm


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