What Is Probate in New Jersey? by Christine Matus

Описание: What Is Probate in New Jersey? by Christine Matus

Probate in New Jersey is the legal process that validates a will, pays debts, and distributes assets to beneficiaries. In Monmouth County, probate is usually handled through the Surrogate’s Court in the county where the person lived, and a will generally cannot be admitted to probate until at least 10 days after death. The Matus Law Group guides families through estate administration with offices in Red Bank and Toms River.

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The process often begins when the executor named in the will files documents with the Surrogate’s Court, including a certified death certificate, the original will and any codicils, an application for probate, and any renunciation forms if a named executor declines to serve. After the court confirms the will meets New Jersey requirements—written form, the testator’s signature, and two competent adult witnesses—it issues Letters Testamentary. If there is no will, or no executor can serve, the court appoints an administrator and issues Letters of Administration.

After appointment, the personal representative identifies estate assets, determines date-of-death values, and may arrange appraisals for real estate, business interests, or valuable property. The representative protects and maintains property, keeps detailed records, and sends a Notice of Probate to beneficiaries and required heirs or next of kin within 60 days, then files proof of mailing with the Surrogate. Executors sometimes publish notice to creditors as a practical step. Under New Jersey law, creditors generally have 9 months from the date of death to present claims to the personal representative.

The executor pays obligations such as unpaid bills, outstanding loans, final medical expenses, and funeral costs. The executor also handles tax responsibilities, which can include the final income tax return, a federal estate tax return when required, and New Jersey inheritance tax filings when applicable. When debts and taxes are resolved, the executor prepares an accounting and makes distributions according to the will. If the person died intestate, the administrator distributes assets under New Jersey intestate succession law.

Not every asset goes through probate. Jointly owned property held in joint tenancy with right of survivorship, payable-on-death (POD) accounts, transfer-on-death (TOD) securities, retirement accounts such as IRAs, 401(k) plans, and pension plans with designated beneficiaries, life insurance proceeds, and trust assets in a properly funded revocable living trust can pass outside probate. For certain intestate estates, a small estate affidavit may allow collection of personal property up to $50,000 when a surviving spouse, civil union partner, or domestic partner exists, or up to $20,000 when no spouse or partner survives.

If a will is not properly executed, the Surrogate’s Court may enter an Order of Doubt or Difficulty and transfer the matter to the Superior Court of New Jersey. Executors hold fiduciary duties and may need to post a bond under Ronnie’s Law (N.J.S.A. 3B:15-1(i)(1-4)) in matters involving a beneficiary with a developmental disability.

Christine Matus, Esq. helps Monmouth County families navigate these steps. Call (732) 785-4453 to discuss probate filings, Letters Testamentary, creditor claims, small estate affidavits, and planning options for your estate locally today.

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