Legal Question in Wills and Trusts in New Jersey

Re: Out of State Executor

You can be qualified as a co-executor. The Surrogate at the Probate Court should be able to send papers to you to be signed and notarized in California. If you want your brother to have your power of attorney after being appointedd, that can be done by limited power of attorney. You should have local counsel to help with this procedure. If you want more information or representation, please contact our office. Good luck.

Re: Out of State Executor

You should be able to qualify as executor by mail, without the need to appear at the Surrogates Office in NJ. There is no reason the Will should not be probated ASAP.

You can give the other executor limited authority to act as you suggest. However, the bank or other entity the estate may be dealing with may require that all three executors sign documents.

Re: Out of State Executor

Answer depends upon the county involved. In some counties, you merely sign the qualification forms, have your signature notarized and return to the Surrogate's office by mail. You can then give your brother a Limited Power of Attorney to sign documents on your behalf. The POA should spell out what can and cannot be done without your actual signature required. If you let me know what county is involved (county where father lived when he passed away) I can assist you. You may be required to sign some bank or other documents, as some institutions may not recognize the POA.