New Jersey Probate Process: What Executors Need to Know

September 07, 2023

If you’ve arrived at this blog, we want to extend our heartfelt sympathy for the loss of your dear one. We recognize that this is a challenging period for you and your family.

As you adapt to your changed circumstances, one responsibility you might encounter is assuming the role of the estate executor for your beloved. This will entail engaging in the probate process. The encouraging news is that the probate procedure in New Jersey is relatively straightforward, and this guide will provide you with a comprehensive understanding of the essential aspects.

Understanding the New Jersey Probate Process and Its Initiation

Probate serves as the initial step in the lawful distribution of assets to the beneficiaries specified in your loved one’s will. The first crucial task is to ascertain whether your loved one left a will.

If your loved one was ill or engaged in estate planning beforehand, there’s a good chance they might have communicated to you about the existence of a will. If you’re aware of the will’s location, you will need to submit it, along with the death certificate and a petition for probate, to the Surrogate Court in the county where they resided.

However, if you know they had a will but are uncertain about its whereabouts, it is advisable to search their home, consult with other family members, contact previous attorneys, or explore the possibility of safety deposit boxes. If all these efforts prove unsuccessful, it’s likely your loved one did not create a will.

In the absence of a will, the court will appoint an individual to act as the administrator of the deceased’s estate. Typically, the probate court will consider appointing the deceased’s spouse for this role, although it may also extend to other family members, including adult children.

Key Steps in the New Jersey Probate Process Post-Filing

Once you’ve initiated the probate process by filing, there are several key steps you’ll need to follow.

  • Notifying Beneficiaries and Handling Uncomfortable Situations

The first crucial task involves notifying all beneficiaries that the probate proceedings have commenced. This step can be particularly challenging if it necessitates informing estranged siblings or other relatives who weren’t named in the will but are still entitled to inherit assets as per the state’s intestacy law.

  • Sending Required Notifications

The Surrogate Court’s office will provide the necessary documentation for sending these notifications. It’s highly advisable to utilize certified mail for this purpose, as it allows you to demonstrate your diligent efforts in keeping beneficiaries informed.

Crucial Aspects of Executorship in the New Jersey Probate Process

As the executor, your responsibilities expand significantly after filing for probate. It’s essential to be aware of the following vital tasks:

  • Handling Tax Obligations

After initiating probate, you’ll be responsible for addressing your loved one’s tax matters.

  • Establishing an Estate Bank Account

You will need to open a bank account specifically for the estate’s assets.

  • Settling Outstanding Debts

This includes the repayment of any outstanding debts and obligations.

  • Child Support Judgment Search

It’s important to conduct a Child Support Judgment Search to ensure that the inheritors do not have any overdue child support payments.

  • Final Distribution and Court Approval

Only after diligently completing these steps can you, as the executor, proceed to distribute the estate’s funds to the designated beneficiaries and await the court’s formal acknowledgment to be relieved of your duties.

Seek a Consultation with a Fort Lee Estate Planning Attorney in New Jersey

Ensuring the well-being of your loved ones in the future is a priority. To plan for your own and your family’s financial security, it’s essential to engage in a conversation with an estate planning attorney who can tailor their advice to your specific circumstances.

Experienced Guidance in New Jersey and New York

The seasoned estate planning attorneys at the Choi Law Firm, serving clients in North Jersey (including Bergen County, Passaic County, and Essex County) and New York (including Queens County, Nassau County, and NYC), are here to help. They specialize in crafting wills, trusts, and other vital estate planning documents.

Contact Us for a Confidential Consultation

To take the first step toward securing your family’s future, don’t hesitate to reach out. You can contact us at any time by calling 201-613-5557 or by completing our online contact form. You’ll find our main office at 1372 Palisade Avenue, 2nd Floor, Fort Lee, NJ 07024, and we also maintain an office in Flushing, NY, at 164-01 Northern Boulevard.

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