Legal Question in Wills and Trusts in New Jersey

Re: Will Execution/Filing

If your aunt dies domiciled in SC and owns real estate in NJ, then her Will will be probated at her death in SC, but an exemplified copy of her Will should then be filed in the NJ county where her real estate is located...That will enable your aunt's executor to convey title to the property upon a sale, or distribute the property to the heirs named in the Will.

Re: Will Execution/Filing

When you aunt dies, her Will will need to be probated in New Jersey in order to transfer her NJ real estate. The process is not that difficult. You and your aunt should discuss this with your estate attorney.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

Re: Will Execution/Filing

I agree that the Will should be probated in SC (if that is where she is residing at her date of death) and ancillary probate should occur in NJ, in the County where her property is located; picking one County if property is located in more than one. Ancillary probate is a simple procedure whereby a exemplified copy of the SC Will (a copy bearing the seal of the SC Surrogate) is recorded in NJ and the Executor is appointed to deal with the NJ property. I should add that there is a possibility that NJ Inheritance taxes may be involved and this depends upon the total vlaue of the decedent's estate (wheresoever located), the value of the NJ property, and the relationship of the people inheriting to the decedent.