Being named as an executor means you have significant legal responsibilities. You must probate the will, manage assets, pay debts and taxes, and distribute property to beneficiaries. Most Monmouth County estates take nine to twelve months to settle, though complex estates can take longer. Under New Jersey law, executors who fail to perform their duties properly can be held personally liable for mistakes or delays.
Monmouth County estate planning attorney Christine Matus has guided executors through the probate process for over two decades. At The Matus Law Group, our experienced wills lawyers in New Jersey help executors understand their responsibilities, meet court deadlines, and avoid costly errors. Our offices in Red Bank and Toms River serve families across Monmouth and Ocean counties.
This guide explains what executors do immediately after death, how long probate takes, what duties cannot be delegated, when you need court approval, and whether executors get paid. Call (732) 785-4453 for help navigating your executor responsibilities.
What Are Your Immediate Obligations as Executor?
You must act quickly after the decedent’s death. Locate the original will and file it with the Monmouth County Surrogate’s Court at One East Main Street in Freehold within a reasonable time. Probate cannot begin until 10 days after death, so plan to visit the Surrogate’s office after this waiting period.
You also need to notify government agencies, creditors, and financial institutions of the death. Obtain multiple certified death certificates from the registrar because banks, insurance companies, and courts require original copies. Many executors handle funeral and burial arrangements, though this is not always a legal requirement.
Within 60 days of the date of probate, you must send formal notice to all beneficiaries named in the will and the deceased person’s next of kin. This notice requirement is mandatory regardless of whether the beneficiaries already know about the death.
Key Takeaway: The first 60 days after probate are critical. You must locate and file the will at the Monmouth County Surrogate’s Court in Freehold, notify all beneficiaries and next of kin, and begin gathering information about the estate’s assets and debts.
How Do You Get Legal Authority to Act as Executor?
Letters Testamentary give you legal authority to act on behalf of the estate. These are court documents issued by the Surrogate’s office after the will is admitted to probate. Without Letters Testamentary, you cannot access bank accounts, sell property, or transfer assets.
To obtain Letters Testamentary, bring the original will and a certified death certificate to the Surrogate’s office. The Surrogate will verify the will was properly executed and that no one has filed objections. If everything is in order, the Surrogate issues Letters Testamentary during your initial meeting, usually on the same day.
You will also receive Short Certificates, which are shorter documents that prove your authority. Banks and other institutions accept Short Certificates as proof that you can act for the estate. You typically need multiple copies because each institution requires an original.
Key Takeaway: Letters Testamentary are issued by the Monmouth County Surrogate at the Hall of Records in Freehold and give you legal power to manage estate assets. Without these documents, you cannot access accounts, sell property, or distribute assets to beneficiaries.
Wills Attorney in Monmouth County – The Matus Law Group
Christine Matus, Esq.
Christine Matus, Esq., is a Monmouth County estate planning attorney with over two decades of experience guiding families through probate, estate administration, and estate planning matters. Admitted to the New Jersey Bar and the U.S. District Court of New Jersey in 1995, she earned her law degree from Touro College Jacob D. Fuchsberg Law Center and studied International Criminal Law and Ethics at Oxford University. Born and raised in Toms River, Christine has deep roots in the community and a personal understanding of the needs of New Jersey families.
Ms. Matus serves as Board of Trustees Secretary of the Ocean County Bar Association and sits on the Attorney Arbitration Committee. She has served on the boards of several nonprofit organizations, including 21 Plus and MOCEANS, Inc. Her practice focuses on estate planning for families with special needs, and she lectures regularly on probate and estate planning topics. Clients value her compassionate approach, attention to detail, and commitment to protecting family legacies.
What Assets Must You Manage and Protect?
You must locate, gather, and safeguard all estate assets. This includes bank accounts, investment accounts, real estate, vehicles, personal property, business interests, and digital assets. Create a comprehensive inventory that documents the value of each asset as of the date of death.
For real estate in Monmouth County or elsewhere in New Jersey, you must maintain property insurance, pay mortgages and property taxes, and perform necessary maintenance. Properties like vacation homes at the Jersey Shore or rental properties in Red Bank require regular upkeep to preserve their value. Failure to maintain real estate can result in personal liability if values decline due to your neglect.
You may need to hire appraisers for valuable items such as antiques, jewelry, art, or business interests. Professional appraisals are essential for tax purposes and to ensure fair distribution among beneficiaries. Keep detailed records of all appraisals and valuations.
How Long Does the Probate Process Take in Monmouth County?
Most Monmouth County estates are settled within nine to twelve months. Simple estates with minimal debt and cooperative beneficiaries can sometimes close in as little as six months. Complex estates involving business valuations, real estate sales, or disputes can take 18 months to two years.
Several deadlines affect the timeline. Creditors have nine months from the date of death to file claims against the estate. You cannot make final distributions until this nine-month period expires. The New Jersey inheritance tax return must be filed within eight months of death, though extensions are available.
If beneficiaries contest the will or disputes arise, the case moves from the New Jersey Surrogate’s Court to the Superior Court, Chancery Division, Probate Part. Contested cases can take several years to resolve. Working with an estate attorney can help you meet deadlines and avoid delays.
Key Takeaway: Plan for nine to twelve months to settle a typical Monmouth County estate. The nine-month creditor claim period is the minimum timeframe, and you cannot distribute assets to beneficiaries until creditors’ claims are addressed and inheritance taxes are paid.
What Debts and Taxes Must You Pay?
You must pay all legitimate debts and taxes before distributing assets to beneficiaries. This includes the decedent’s final income tax return, any required inheritance tax returns, and outstanding bills. New Jersey no longer imposes a separate estate tax for deaths on or after January 1, 2018, but the estate may still be subject to federal estate tax if it exceeds the federal exemption. If you distribute assets before satisfying these obligations, you could be held personally liable for any unpaid amounts.
New Jersey imposes an inheritance tax on transfers to certain beneficiaries. The tax rate depends on the relationship between the deceased and the beneficiary.
- Class A beneficiaries are exempt from inheritance tax. This includes spouses, civil union partners, parents, children, grandchildren, and stepchildren.
- Class C beneficiaries include siblings, sons-in-law, and daughters-in-law.
- 0% on the first $25,000
- 11% on the next $1,075,000
- 13% on the next $300,000
- 14% on the next $300,000
- 16% on amounts over $1,700,000
- Class D beneficiaries include all other individuals not listed above.
- 15% on the first $700,000
- 16% on amounts over $700,000
- Class E beneficiaries, such as charities, religious institutions, and government entities, are also exempt from inheritance tax.
Executors must obtain tax waivers from the New Jersey Division of Taxation before transferring certain assets.
The estate may also owe federal estate tax if the estate exceeds the federal exemption amount. File the decedent’s final federal and state income tax returns by April 15 of the year following death. You may need to file additional income tax returns for the estate itself if it generates income during administration.
Creditors must file claims within nine months of death. You must review each claim to determine if it is legitimate. Pay valid claims from estate assets in the proper order of priority under New Jersey law. Reject claims you believe are invalid, which may require court proceedings if creditors contest your rejection.
Can You Decide How to Distribute the Estate?
No, you cannot decide who gets what. Your duty is to distribute assets according to the will’s instructions. You must settle and distribute the estate according to the terms of the probated will and applicable law as expeditiously and efficiently as possible.
If a beneficiary challenges the validity of the will, you cannot prevent the legal contestation. Your role is to defend the will and follow the court’s ultimate decision. You do not have the authority to modify beneficiary designations or change the distribution plan the decedent created.
You must treat all beneficiaries fairly and impartially. If the will gives you discretion over timing or selection among a class of beneficiaries, you must exercise that discretion reasonably and in good faith. Any self-dealing or favoritism can result in personal liability and removal as executor.
Key Takeaway: Executors follow the will’s instructions. They cannot change who receives assets, how much each beneficiary gets, or when distributions occur unless the will specifically grants this discretion. Deviating from the will’s terms can result in personal liability and removal.
When Do You Need Court Approval for Your Actions?
The Surrogate’s Court supervises your work, but you do not need advance court approval for most routine tasks. You can pay ordinary debts, maintain property, and handle day-to-day administration without court permission. However, certain actions require court approval before you proceed.
You need court approval to sell real estate unless the will specifically grants you the power to sell property. You also need approval to continue the decedent’s business, distribute assets before the creditor claim period expires, or make distributions that deviate from the will’s terms. When in doubt, petition the court for instructions.
At the end of the probate process, you must file an accounting showing all money that came into the estate and all payments you made. Most New Jersey estates use informal accounting, which requires beneficiaries’ consent. If beneficiaries do not consent or if disputes exist, you must file a formal accounting requiring court approval.
What Happens If You Make Mistakes or Fail to Act?
You can be held personally liable for losses caused by your mistakes or delays. If you distribute assets before paying taxes, the tax authorities can collect from you personally. If you fail to maintain the property and its value declines, beneficiaries can sue you for the loss.
You can be removed as executor if you fail to perform your duties, engage in self-dealing, or cannot work with beneficiaries. Beneficiaries or other interested parties can petition the court to remove you and appoint a successor. Removal is a serious matter that can affect your reputation and relationships with family members.
You may also be liable for interest and penalties resulting from your failure to act promptly. For example, if you miss the deadline to file inheritance tax returns, the estate owes penalties, and you may be personally responsible for those penalties if your delay was unreasonable.
Key Takeaway: Executors who fail to maintain property, miss tax deadlines, or distribute assets improperly face personal liability. The court can remove executors who cannot perform their duties and may hold them financially responsible for losses caused by their mistakes or delays.
Do Executors Get Paid for Their Work?
Yes, executors are entitled to compensation under N.J.S.A. 3B:18-14. New Jersey law allows executors to receive a percentage of the estate’s value. The compensation is on a graduated scale: up to 5% of the first $200,000, 3.5% on amounts between $200,000 and $1 million, and 2% on amounts over $1 million.
For example, an estate worth $500,000 would entitle the executor to $10,000 from the first $200,000 plus $10,500 from the remaining $300,000, totaling $20,500. This is statutory compensation, meaning the law provides this amount unless the will specifies different compensation.
Executors may be entitled to receive interest earned on the estate assets held during administration (this is known as statutory corpus commissions and income commissions. This is generally 6% of the income received by the estate. You must report this compensation on your personal income tax return for the year you receive it.
| Role of an Executor in a Will | Description |
|---|---|
| Immediate Obligations | Tasks after the decedent’s passing include locating the Will, filing it with the probate court, notifying agencies, creditors, and banks, and handling funeral arrangements. |
| Complexity of the Estate | The extent of work depends on estate planning, estate size, beneficiary involvement, asset types, and complexities such as debt payment, asset distribution, and disputes. |
| Managing Assets and Trusts | Executors handle trusts, manage assets including real estate with payments and upkeep, and may hire professionals to value and sell assets. |
| Serious Time Commitment | Being an executor requires a substantial time commitment and entails significant responsibility to follow proper processes and avoid penalties. Consulting an estate planning attorney is advisable to navigate the process. |
Should You Hire an Attorney to Help You?
Most executors benefit from legal guidance. An estate attorney can help you understand your duties, prepare required court filings, respond to creditor claims, and file tax returns. The cost of an attorney is paid from estate assets, not from your personal funds.
An attorney familiar with Monmouth County procedures can navigate the Surrogate’s Court process efficiently. At the Hall of Records in Freehold, court staff can provide basic procedural information, but they cannot give legal advice. An attorney ensures you meet all deadlines and comply with all legal requirements.
Working with an attorney also protects you from personal liability. If you make a mistake following your attorney’s advice, you have a defense against claims by beneficiaries. The peace of mind and protection from liability often justify the legal fees.
Key Takeaway: Hiring an estate attorney protects you from mistakes that could result in personal liability. The attorney’s fees are paid by the estate, not by you personally, and legal guidance helps you complete the probate process more efficiently and with fewer errors.
Get Help from a Monmouth County Estate Planning Attorney
Serving as an executor is a significant responsibility. You have legal duties to the estate, the beneficiaries, and the court. Mistakes can result in personal liability, family disputes, and delays in distributing assets.
New Jersey estate planning attorney Christine Matus has helped executors throughout Monmouth County and New Jersey for over 20 years. At The Matus Law Group, our wills lawyers guide you through every step of the probate process. We handle filings at the Monmouth County Surrogate’s Court, prepare tax returns, and help you avoid costly errors.
Call The Matus Law Group at (732) 785-4453 for a consultation. Our offices in Red Bank and Toms River serve families across Monmouth and Ocean counties. We will review your situation, explain your duties, and provide the support you need to fulfill your role as executor.
