Legal Question in Wills and Trusts in New Jersey

Re: Wills

Generally speaking, if there is a Will, it should be probated. Unless and until the Will is probated, there really is no Will at all...and no one will have the legal authority to act on behalf of the estate [because the executor named in the Will is only appointed when the Will is probated].

Re: Wills

While I generally agree with Jon, your facts are deficient on what is to be accomplished and the relationship of the heirs to the decedent and each other? Rearranging asset disposition, if the proper relationships exist, can be done by a timely-filed Renunciation, which can be partial or complete, or can be accomplished by gifting between heirs. Some type of probate proceeding needs to be done so someone has the proper authority (either probate the Will or do an administration, with the latter being more costly). If you contact me directly, outlining what is contemplated, a better response can be provided.

Re: Wills

The only way property of the deceased can be transferred is if the will is probated [or if there is no will, a personal representative appointed], through the Surrogate for the County where the deceased resided.

First all debts and taxes have to be paid, before anything can be transferred to heirs.

No one may make changes to the will, only the person whose will it is and only during lifetime, obviously.

It is possible to have a written family settlement agreement among the heirs and beneficiaries under the will, that changes the terms of the will. The executor's agreement is not required, because the executor's only duty is to carry out the estate administration as provided by law and under the will.