New Jersey Probate Attorneys
Knowledgeable Probate Lawyers in Bergen County, NJ Work with Families to Administer Their Loved Ones’ Estates in Passaic County, Essex County, and Throughout New York, including Queens County, Nassau County, and NYC
If you have a loved one who has passed away, you will need to open an estate to legally pass your loved one’s assets to family members. The process of beginning an estate is known as probate. Probate involves the approval of a will as a decedent’s last will and testament and the appointment of one or more individuals to serve as administrators or executors of the estate. Do you have questions about what is involved with the probate process? The experienced New Jersey probate attorneys at the Choi Law Firm can provide you with the answers and legal assistance you need during this difficult time.
With 90 years of combined experience, our firm’s legal team is dedicated to achieving successful outcomes for our clients in North Jersey and New York City. When you need seasoned legal guidance to help you with probating a loved one’s will or estate, reach out to the Choi Law Firm. Our probate lawyers in Bergen County, NJ can sit down with you for an initial case evaluation to help you better understand what is involved with probate and how we can help make the process as easy as possible for you and your family.
Table of Contents
- Steps in the Probate Process
- How Our Qualified New Jersey Probate Attorneys Can Make the Process of Handling Your Loved One’s Estate as Smooth as Possible for You and Your Family
- Reach Out to Our New Jersey Probate Attorneys for a Confidential Case Review to Learn More About the Probate Process and How We Can Help
- Frequently Asked Questions About Probate in New Jersey
Steps in the Probate Process
In New York and New Jersey, the probate process begins with the filing of the original copy of the decedent’s will with the trial court, or if the decedent left no will, filing a petition in court to open an estate for the decedent. This petition is filed in the county where the decedent resided or was domiciled at the time of their death. The court filing is usually made by the individual(s) appointed as executor by the decedent’s will, or if the decedent had no will or the named executor is unwilling or unable to serve, a close family member or friend of the decedent who wishes to serve as administrator. In addition to including the will (if one exists), the court petition should also include the decedent’s death certificate.
Once the petition for probate is filed in court, all necessary parties must be notified of the probate to have the opportunity to lodge any objections they may have. Parties who are normally entitled to notice of probate include the nominated executor in the will (if they are not filing the petition), any named beneficiaries in the will, and any individuals who would be entitled to inherit from the decedent’s estate under state intestacy law.
The primary purpose of probate is to prove the validity of the will being offered, or if the decedent left no will, to appoint someone to serve as administrator of the decedent’s estate. At the probate hearing, the court will hear any objections from interested parties to the validity of the will and/or to the appointment of the administrator or the executor. If the court finds the will valid and finds no meritorious objections to the appointment of the executor or administrator, the court will issue letters testamentary to the administrator/executor, which authorizes them to act on behalf of the estate.
Depending on the value of the decedent’s estate or the terms of the decedent’s will, the court may order the appointed administrator or executor to post a bond to serve as insurance for any losses caused by an error of the administrator or executor.
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How Our Qualified New Jersey Probate Attorneys Can Make the Process of Handling Your Loved One’s Estate as Smooth as Possible for You and Your Family
When you have lost a loved one, we understand that you and your family are focused on the grieving and healing process after their passing. Let the experienced New Jersey probate attorneys at the Choi Law Firm take the stress of handling your loved one’s estate off your shoulders by:
- Gathering necessary documentation for the probate petition, including the original will (if your loved one left a will), death certificate, or other records required by the court
- Preparing the formal petition for probate and filing it in the appropriate court
- Ensuring that interested parties are notified of the probate
- Representing your interests at the probate hearing, whether you are seeking to admit a loved one’s will to probate or to be appointed administrator/executor, or to challenge a will being admitted for a loved one’s estate
Get Advice From An Experienced Estate Planning Attorney Serving Clients In New Jersey And New York. All You Have To Do Is Call 201-613-5557 To Receive Your Confidential Case Evaluation.
Reach Out to Our New Jersey Probate Attorneys for a Confidential Case Review to Learn More About the Probate Process and How We Can Help
Our probate lawyers in Bergen County, NJ serve clients in Passaic County, Essex County, and throughout New York, including Queens County, Nassau County, and NYC. Contact us today for an initial consultation to discuss how we might help you with your probate matter.
Frequently Asked Questions About Probate in New Jersey
Likely yes. Probate is the legal process by which a deceased individual’s property is lawfully transferred or distributed to another party. Without probate, the decedent’s property remains lawfully owned by their estate. Probate must be conducted regardless of whether or not a decedent left a will. However, with careful estate planning, it is often possible to pass on properly while largely avoiding or streamlining the probate process.
In most cases, probate is opened up for a decedent’s estate in the county in which they were domiciled at the time of their death. An individual’s domicile is usually considered to be the place where the individual lives without the intention of permanently moving away from that place. However, as some people may equally split their time between two locations, it may be necessary to look at other evidence such as where they owned property, where they were licensed to drive, or where they were registered to vote. In addition, if the decedent owned property in multiple states, it may be necessary to open an ancillary probate in each of those states.
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Sandra Choi is attentive, kind, thoughtful, and professional. She was thorough and well-prepared throughout my case, and I was impressed by her honesty and work ethic. Ms. Choi and her team were helpful and responsive to my questions and concerns, and she certainly exceeded my expectations. I highly recommend Ms. Choi and her team.