Legal Question in Wills and Trusts in New Jersey

A will has to be probated in the State and County where the deceased resided. The Surrogate's Office or a court [in NJ] will have to named an executor if none was named in the Will.

If the deceased resided in NY, the estate must be probated in NY.

With respect to NY property in a NJ estate, there is probably what is called "ancillary probate" in NY. A NY attorney would have to advise about that process.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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I agree with Miriam and add that if no Executor has been named, the Court is free to appoint one. If there is an heir involved, the Court will usually select the closest living relative to be the Executor. There have been occasions when the Court appointed someone else (usually an attorney) to be the Executor. Depending upon the size of the estate and the nature of the assets involved, it might be possible to seek what is called "administration with the will annexed" which allows a family member to be appointed as the estate represententative, but obliged to follow the dictates of the Will.

This is a response to an Internet question and the reply is for informational purposes only and is not intended to be legal advice or as creating an attorney-client relationship.