Legal Question in Wills and Trusts in New Jersey

Re: sister`s death

If there is a Will, it should be probated. If your sister was divorced, I don't think the ex-husband should be serving as executor for her estate. Also, the "State" doesn't just "take over" the estate administration. If she had debts, there is a statute that sets forth the priority in terms of which creditors get paid first, etc. You may also want to consider making an application as an insolvent estate, and provide notice to the creditors.

Re: sister`s death

I generally agree with Jon, but have some additional comments. While whomever is designated as Executor has a fiduciary duty to probate the Will, this is not always done, especially if the result between the Will and the state intestacy laws (laws covering situations where a person dies without a Will) may produce different results. You give no information on the contents of the Will, who is the Executor, what assets your sister may have and/or other details of the estate. Plus, you did not indicate if a new Will was done after the divorce and what it may say. Did your sister have assets in her individual name, and/or did she have assets registered jointly? Did she have life insurance with a designated beneficiary? Did she have any retirement assets with designated beneficiaries? How are her children impacted by this decision? What was the extent of her debts, compared to her assets? More facts on the nature of her estate are needed for a better reply. Perhaps you, as her closest adult relative, should apply to be Administrator of her estate (as suggested by Jon, as a deficit estate) so you can get more information.