Probate FAQs

In New Jersey, probate refers to the legal process through which a deceased person’s assets are distributed and their final affairs are settled. The primary goal of probate is to ensure that the decedent’s debts are paid and that their assets are transferred to the rightful beneficiaries or heirs according to their will or state laws if there is no will.

The probate process in New Jersey typically involves several steps such as filing the will, appointing the executor, notifying the creditors and beneficiaries, create an inventory of the deceased person’s assets, settle debts and taxes, and lastly distribute the assets.

Yes, it is possible to contest a will in New Jersey under certain circumstances. Contesting a will means challenging its validity or raising concerns about its execution. However, it’s important to note that contesting a will can be a complex and legally challenging process, and you should consult with an attorney who specializes in estate litigation for guidance specific to your situation.

Some of the common grounds on which a will can be contested in New Jersey include a lack
of testamentary capacity, undue influence, which means that someone exerted significant pressure or influence over the testator; fraud or forgery; and lastly, improper execution.

It’s important to note that contesting a will can be a lengthy and expensive process, and success is not guaranteed. It’s recommended to consult with an attorney experienced in estate litigation in New Jersey to evaluate the specific facts and circumstances of your case and determine the best course of action.

In New Jersey’s probate process, the executor notifies the deceased’s creditors, evaluates debts, and uses estate assets for valid claims. They’re also in charge of the deceased’s and estate’s tax obligations. If liquid assets can’t cover debts and taxes, some assets like real estate may be sold, except for certain exempt assets. Once debts and taxes are paid, the remaining assets are given to beneficiaries per the will or New Jersey intestacy laws if no will exists.

The duration of the probate process in New Jersey can vary depending on various factors. While it is challenging to provide an exact timeline, I can offer a general overview of the process. In New Jersey, the probate process typically takes several months to complete, and it may extend up to a year or longer in more complex cases.

If you are unable to locate a will for a deceased person, you should first, thoroughly search the deceased person’s personal papers, safe deposit boxes, and any other secure storage locations where a will might be kept. It’s also a good idea to check with their attorney if they have a copy on file. If you cannot find a will after a diligent search, you should inform the Surrogate’s Court in the county where the deceased person resided. In the absence of a will, the deceased person’s estate will typically be distributed according to the laws of intestacy. Consulting with an attorney who specializes in probate law is crucial in cases where a will cannot be located.

If you suspect your sibling, who is the executor of your parent’s estate, of misappropriating funds or acting improperly, gather evidence and consult with a New Jersey attorney for guidance. If you have substantial evidence, file a complaint with the Surrogate’s Court. For criminal misconduct, report the matter to law enforcement.

In New Jersey, if your parent left a will stating that everything should be distributed equally among the beneficiaries but had joint bank accounts with your sibling, the joint accounts may not be governed by the terms of the will. Joint accounts typically have a right of survivorship, which means that upon the death of one account holder, the remaining funds automatically pass to the surviving account holder(s) outside of the probate process.

If you have been left out of your mother’s will, it can be emotionally challenging. In such situations, there are a few steps you may consider such as reviewing the will, familiarize yourself with the laws of intestacy, consult with an attorney who specializes in estate law or probate litigation, and consider mediation or negotiation. Dealing with the emotional impact of being left out of a loved one’s will can be challenging. It’s important to take care of yourself during this time and seek support from friends, family, or professionals if needed.

To ensure a smoother probate process in New Jersey, avoid delaying probate, seek professional guidance, manage estate assets carefully, address creditor claims, consider beneficiary interests, handle taxes properly, and maintain accurate records of all estate-related transactions.

The fees associated with the probate process in New Jersey can vary based on factors like the estate’s size and complexity. They may include Surrogate’s Court fees, executor’s fees (calculated as a percentage of the estate’s value), attorney’s fees, appraisal and accounting fees, and miscellaneous costs. Consulting with a probate attorney can provide a clearer understanding of the specific fees applicable to your situation.

In New Jersey, assets that typically go through probate include solely owned real estate, bank accounts held solely in the deceased person’s name, personal property, investment accounts and securities owned solely by the deceased person, and business interests owned solely by the deceased person. Assets with named beneficiaries or held jointly with rights of survivorship, such as life insurance policies, retirement accounts, payable-on-death accounts, and jointly owned property, generally bypass probate and transfer directly to the designated beneficiaries or co-owners. Consulting with a professional can provide further guidance based on your specific assets.

In New Jersey, an executor, also known as a personal representative, is responsible for managing the estate of a deceased person. Their duties typically include filing the will with the Surrogate’s Court, gathering and inventorying assets, paying debts and taxes, distributing assets to beneficiaries according to the will, and handling any necessary court filings and paperwork throughout the probate process.

In New Jersey, the original will is generally required for the probate process. If you only have a copy of the will and cannot locate the original, it can complicate matters. The court may still accept a copy in certain circumstances, but additional steps, such as providing evidence of the will’s validity and efforts to locate the original, may be required. It is advisable to consult with an attorney experienced in probate law in New Jersey to determine the best course of action in your specific situation.

If there is no will or if the will is contested during probate in New Jersey, the estate will be distributed according to the state’s intestacy laws. These laws determine the distribution of assets among heirs based on their relationship to the deceased person. In the case of a will contest, the court will review the evidence and arguments presented by all parties involved and make a decision on the validity of the will. If the will is deemed invalid, the estate will be distributed as if there were no will in place, following the intestacy laws. It is recommended to consult with a probate attorney in New Jersey to navigate these situations effectively.

The probate of a will is a legal process that verifies the authenticity of a will and oversees the administration of a deceased person’s estate. It involves filing the will with the appropriate court, appointing an executor or personal representative, identifying and valuing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries as specified in the will. Through probate, property ownership is legally transferred from the deceased person to their beneficiaries, ensuring a proper and orderly transfer of assets according to the wishes outlined in the will.

In New Jersey, the fees associated with the probate process include Surrogate’s Court fees, executor’s fees based on a percentage of the estate’s value, attorney’s fees, appraisal and accounting fees if necessary, and miscellaneous costs such as publication fees. The specific fees can vary depending on factors such as the county, estate size, and services required. Consulting with a probate attorney can provide a more precise estimate tailored to your situation.

The executor or administrator plays a crucial role in the probate process. Their primary responsibility is to manage and oversee the estate administration, ensuring that the deceased person’s wishes, as outlined in the will or according to intestacy laws, are carried out. The executor is responsible for tasks such as filing the will, gathering assets, paying debts and taxes, distributing property to beneficiaries, and handling any legal proceedings or paperwork required throughout the probate process.