Legal Question in Wills and Trusts in New Jersey

Surrogate Law

My mother passed without a will and in order to have right to her possessions, I was told to become a surrogate for her ''estate''. I ended up ''inheriting'' all of her debt and bills. Am I responsible for paying them although I didn't incur them?


Asked on 4/26/07, 2:15 pm

2 Answers from Attorneys

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

Re: Surrogate Law

The executor for her estate is responible for paying her bills. As executor, you are not personally liable for her bills, but would pay them from the estate's assets to the extent the assets are sufficient. If the estate is insolvent, you may want to go to court for an order authorizing you to pay the debts and expenses pursuant to the priority as shown in the statute.

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Answered on 4/26/07, 2:27 pm
Miriam Jacobson Retired from practice of law

Re: Surrogate Law

If you were appointed as personal representative of your mother's estate by the County Surrogate in the county where she resided at the tiem of her death, your responsibilities include gathering information about all debts of your mother, marshalling [gathering together] all of her personal property, real property and other assets such as bank accounts, stock brokerage accounts; advertising the estate so that unknown creditors may file a claim against the estate; preparing and filing state and federal tax returns, including income tax, and estate and inheritance tax; paying, out of assets in the estate, debts, taxes, funeral and other final expenses, and then distributing whatever assets remain according to the law of intestate [without a will] succession.

If the estate is insolvent, that is, there are not enough assets to cover all of the debts, you are not personally liable, unless you have taken any assets without first going through the above process.

You may want to seek assistance of a local estates attorney.

BTW, the area of law is "Estates" or "Estate Administration" law; the Surrogate is the County office that is responsible for accepting filings and handling legal processes with respect to estates of deceased persons.

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Answered on 4/27/07, 11:31 am


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