Probate is the legal process of gathering a deceased person’s assets, paying their debts, and distributing what remains to their beneficiaries. In New Jersey, probate can be challenging and time-consuming. Understanding how probate works can make things more efficient, whether you’re a beneficiary or a personal representative.
If you or your loved ones face concerns regarding a will or estate, seeking assistance from a skilled probate attorney in New Jersey is crucial. At The Matus Law Group, led by experienced probate lawyer Christine Matus, our estate planning attorneys guide clients through the New Jersey probate process and other estate planning matters such as trusts, wills, and disputes. We help you manage the legal processes involved and assist you in moving forward. Contact us today at (732) 785-4453 to discuss your situation.
Definition of Probate
Probate is a court-supervised process for settling a deceased person’s estate. It involves gathering their assets, paying any debts and taxes, and distributing what remains to the beneficiaries named in their will, or to heirs determined by state law if there’s no valid will. The primary purpose of probate is to ensure that a decedent’s estate is properly administered, their debts are paid, and their assets are distributed according to their wishes or the law.
New Jersey Probate Law Overview
New Jersey’s probate laws govern the probate process, which outlines the steps and procedures required to administer an estate. Some of the critical aspects of New Jersey probate law include:
- Appointment of a Personal Representative: If the deceased individual had a will, the named executor initiates probate by filing a petition with the Surrogate’s Court in the county where the decedent resided. This filing cannot occur until the 10th day after death. If no will exists, the court appoints an administrator, typically giving priority to the surviving spouse or domestic partner.
- Probate Formalities: New Jersey requires most estates to undergo a formal probate process. This involves submitting the decedent’s will (if one exists) and other necessary documents to the court, notifying creditors and beneficiaries, and providing an inventory of the decedent’s assets.
- Estate Administration: The executor or court-appointed administrator takes inventory of the decedent’s assets, identifies and notifies creditors, pays taxes or debts owed, and distributes remaining assets to beneficiaries. They must also file necessary tax returns and accounting with the court.
- Small Estates (Intestate Only): New Jersey allows an affidavit procedure only for intestate estates (no will). If the decedent left a surviving spouse, civil union partner, or domestic partner and the total estate is no more than $50,000, that survivor can collect assets by affidavit. If there is no surviving spouse or partner and the total estate is no more than $20,000, an heir (with the written consent of the others) can collect by affidavit.
- Property Transfers: The probate court can authorize the transfer of real property to named beneficiaries or heirs, such as a home or other real estate. This requires completion of legal documents and possibly a court hearing.
The probate process in New Jersey can be challenging and stressful, but understanding the important components of the state’s probate laws reduces hassle and ensures the decedent’s estate is administered smoothly and efficiently. Consider hiring a lawyer to guide you through probate.
The Probate Process in New Jersey
Probate occurs after a person’s death to distribute their estate as specified in their will. In New Jersey, this process is supervised by the Surrogate Court in the county where the deceased resided at the time of their death. Here is a detailed breakdown of the probate process in New Jersey.
Initiating the Probate Process
In New Jersey, the probate process begins after the individual’s death. The first step is filing the will with the appropriate Surrogate’s Court. Monmouth County residents file in the Monmouth County Surrogate’s Court (Freehold). The court reviews the will to ensure it is valid and meets all legal parameters, such as being properly signed and witnessed.
Probate should be initiated as soon as reasonably possible. The law imposes no strict deadline for starting probate. Even though there is no formal statute of limitations, delays can make it harder to locate assets, pay debts, and protect beneficiaries’ rights. Beginning the process promptly is still important.
If the deceased did not leave a will, the court has jurisdiction to determine how estate assets will be distributed per New Jersey’s intestacy laws. In such cases, the court appoints an administrator to handle the estate’s affairs.
Appointing an Executor or Administrator
A crucial part of the probate process is the appointment of an executor or an administrator. The person assigned to this role handles the deceased’s estate and ensures that all their assets and liabilities are appropriately managed.
In most cases, the deceased designated an executor in their will. This person is commonly a family member, an attorney experienced in legal matters, or someone the deceased trusted to manage their estate.
The appointed executor must submit the will to the Surrogate Court to get the authority to administer the estate:
- A certified death certificate
- The original will (including supplementary documents that explain a will, if applicable)
- If no will exists, a list of assets solely in the decedent’s name with no beneficiary designation (e.g., stocks, bonds, bank accounts, real estate, automobiles, etc.)
- Identification (e.g., driver’s license, passport)
- If no will exists, a Surety Bond (Administration and Executor bonds or Probate Bonds for estate Administrators) may be necessary
Notifying Heirs and Beneficiaries
Once the executor or administrator has been appointed, they must notify all heirs and beneficiaries of the estate within 60 days after the will is admitted to probate. In New Jersey, this includes providing notice of probate to the deceased’s spouse, children, and other close relatives.
Within that 60-day period, the personal representative must mail notice of probate to all beneficiaries and certain heirs and, upon request, provide a copy of the will. This ensures that everyone with an interest in the estate is informed and can protect their rights.
Managing Estate Assets and Debts
The executor or administrator is responsible for collecting and safeguarding the deceased’s assets, including bank accounts, real estate, and personal belongings. They must also determine the value of these assets and prepare an inventory for the court.
Besides managing assets, the executor or administrator is also responsible for settling any debts or liabilities the deceased may have incurred. This can include outstanding bills, taxes, and any loans the deceased had taken. The executor or administrator must use the estate’s funds to pay off these debts before distributing assets to beneficiaries.
Distributing Estate Assets to Beneficiaries
Once all estate assets have been collected, valued, and debts settled, the executor or administrator can begin distributing the assets to the beneficiaries. The distribution must be carried out according to the terms outlined in the will or, in cases where there isn’t a will, according to the intestate laws of New Jersey.
This process may involve selling some assets to generate funds to be distributed or transferring the property titles to the appropriate beneficiaries. The executor or administrator must carefully record each transaction and provide an accounting to the court.
Closing the Estate
Many New Jersey estates can be closed without a formal court accounting if the executor obtains and files Refunding Bond and Release forms from the beneficiaries. A judicial accounting is required only if the court orders one or a beneficiary demands it. Otherwise, an informal accounting and the filed Releases are usually sufficient.
Once the court approves the final accounting, the estate is considered closed, and the executor or administrator is formally discharged from their duties. The probate process can be lengthy and complicated, but understanding how the process works in New Jersey helps ensure a smooth and organized affair when handling a deceased’s estate.
| Probate step | What happens | Who is responsible |
|---|---|---|
| Initiating the probate process | Will is filed with the Surrogate’s Court, the will is validated, and the probate process begins. If no will exists, intestacy laws apply. | Executor named in the will or a court-appointed administrator |
| Appointing an executor or administrator | The executor or administrator is formally authorized to manage the estate. Documents may include a death certificate, the will, asset lists, identification, and possibly a surety bond. | Surrogate’s Court and the executor or administrator |
| Notifying heirs and beneficiaries | Heirs and beneficiaries are notified within 60 days after probate. Copies of the will are provided upon request. | Executor or administrator |
| Managing estate assets and debts | Assets are collected, safeguarded, valued, and inventoried. Debts, taxes, and liabilities are paid before distribution. | Executor or administrator |
| Distributing estate assets | Assets are transferred or sold, and funds or property are distributed according to the will or New Jersey intestacy laws. | Executor or administrator |
| Closing the estate | Refunding Bond and Release forms are filed, or a judicial accounting is completed if required. The estate is formally closed. | Executor or administrator |
New Jersey Probate Attorney – The Matus Law Group
Christine Matus
Christine Matus is the founder of The Matus Law Group, a New Jersey firm focused on probate, estate administration, and planning for families and loved ones with special needs. Admitted to the New Jersey Bar and the U.S. District Court of New Jersey in 1995, she brings nearly three decades of legal practice, bar association leadership, and public service to every estate and probate matter. Her service with nonprofits reflects a long-standing commitment to families in Ocean County and across New Jersey.
Families turn to Christine for clear, steady guidance during some of life’s most overwhelming transitions. She takes time to listen, explain each step of the probate process in plain language, and coordinate with beneficiaries, caregivers, and financial professionals so that estates are handled with care and attention to detail. Clients value her approachable style, her deep roots in the local community, and her dedication to protecting legacies for the next generation.
What If the Executor Does Not Probate the Will?
When an executor neglects their duty to probate a will, several serious problems can arise that harm the estate and its intended beneficiaries. Here’s what happens in such cases:
- Legal Assets Won’t Transfer: Without probate, the deceased’s assets, such as real estate, vehicles, or personal belongings, won’t legally transfer to their heirs and beneficiaries. These assets remain under the deceased’s name, making it impossible for beneficiaries to claim them without court intervention.
- The Estate Will Face Ongoing Expenses: Failing to probate a will means the estate cannot properly settle the deceased’s debts or bills. Ongoing expenses such as property taxes, car registrations, and insurance premiums continue to accrue and may need to be paid out of pocket by someone else.
- Creditors May Still Seek Payment: Creditors generally pursue claims against the estate, not family members personally, unless a family member is jointly liable or otherwise legally responsible. Executors can incur personal liability only if they breach their fiduciary duties or fail to comply with statutory requirements. Creditors have nine months from the date of death to present claims to the personal representative.
- Will Validity Can’t Be Addressed: Any doubts about the will’s validity cannot be legally resolved without probate proceedings. This leaves any disputes or concerns about the will unresolved.
- The Executor Could Be Personally Liable: If the executor neglects their responsibility to initiate probate, they can be held personally responsible for any resulting financial losses to the estate or the beneficiaries. This can include being sued by heirs or beneficiaries who do not receive their due inheritance. They may also be compelled or fined by the probate court to conduct their duties under their assumed fiduciary responsibility over the estate.
If you are facing issues with an executor who is neglecting their duty to probate a will, it’s crucial to take action to protect your rights and the integrity of the estate. Consulting with a qualified New Jersey probate attorney can provide you with the guidance necessary to handle this situation. Contact The Matus Law Group today to ensure that the deceased’s wishes are honored and that the beneficiaries receive what is rightfully theirs.
How to Avoid Probate in New Jersey
In some specific circumstances, an estate may not need to go through probate in New Jersey. There are several circumstances in which probate may be avoided:
- An estate is considered small (contains $50,000 or less in assets)
- Assets are held in joint tenancy or payable-on-death accounts
- Assets are held in trust or involve life insurance and retirement accounts
If you are unsure about whether probate is necessary for your case, consult with an experienced attorney to guide you through the process.
Small Estate Affidavit
In New Jersey, the small-estate affidavit applies only when there is no will. It covers the total value of real and personal assets owned in the decedent’s name (non-probate assets like beneficiary-designated accounts are outside the estate by definition). The limits are $50,000 if there is a surviving spouse/civil union or domestic partner, who may collect by affidavit, or $20,000 if there is no such survivor (an heir may collect with the other heirs’ written consents).
Transfer-on-Death and Payable-on-Death Assets
Transfer-on-death (TOD) and payable-on-death (POD) accounts are set up during the account holder’s lifetime to have assets in the account pass directly to a designated beneficiary when the account holder dies. These assets do not require probate, as they are considered non-probate assets. Such accounts include bank accounts, investment accounts, and savings bonds. Naming a beneficiary on these accounts allows assets to transfer outside the probate process, saving time and money. Keeping beneficiary designations current ensures that assets are distributed according to the account holder’s wishes.
Jointly Owned Assets with Right of Survivorship
Jointly owned assets with the right of survivorship, such as joint bank accounts or real estate held in joint tenancy, automatically pass to the surviving co-owner upon the death of the other co-owner. This process occurs outside of probate and does not require any court involvement.
Assets held in joint tenancy bypass the probate process because, by law, the surviving joint tenant immediately becomes the sole owner of the entire property upon the death of the other joint tenant. This form of ownership can be used for real estate, financial accounts, and other property types, providing an efficient and straightforward way to pass assets to a surviving co-owner.
Assets Held in Trusts
Assets held in a trust, such as a revocable living trust, do not require probate. The trust document designates a trustee to manage the assets and distribute them to the named beneficiaries after the person’s death, according to the terms of the trust.
Since the assets are held in the trust and not the deceased person’s name, there is no need for probate to transfer the assets. This method can ensure a more private and efficient transfer of assets, as well as avoid probate court fees and delays.
Life Insurance and Retirement Accounts
Life insurance policies and retirement accounts, such as IRA and 401(k) accounts, often require the account holder to designate a beneficiary to receive the proceeds of the policy or account. When the account holder dies, these accounts are paid directly to designated beneficiaries, bypassing the probate process.
These assets are not considered part of the deceased person’s estate and do not need to be included in the probate process. Keeping beneficiary designations current ensures that assets are distributed as intended when the account holder dies.
Understanding Probate Fees and Timing in NJ
Navigating the probate process in New Jersey involves understanding specific fees and timelines essential for efficient estate administration. The probate process formally begins with validation of the decedent’s will by the Surrogate’s Court, which must occur in the county of the decedent’s residence at death.
In New Jersey, the cost to probate a will is standardized, with fees typically set at $100 for the first two pages of the will and $5 for each additional page. Persons seeking additional short certificates, which are legal documents evidencing the authority of the executor, can expect to pay $5 each. While this fee schedule is consistent across counties, verifying with the local Surrogate’s Court is advisable, as there might be other incidental fees. Monmouth County, for instance, maintains the Surrogate’s office in Freehold, which handles probate matters for residents throughout the county, including those in communities like Red Bank.
Presenting the original will is the norm for probate in the Surrogate’s Court. If the original is lost, a copy can sometimes be admitted by court order, but only with clear and convincing evidence of its authenticity and the decedent’s intent. This process requires a Superior Court application and is more difficult than probating the original. The need for the original document helps ensure the will’s authenticity and serves as a safeguard against potential fraud. New Jersey law stipulates a waiting period before the probate process can begin, specifying that probate cannot commence until the 10th day after death. This allows time for any potential challenges or caveats to be filed by interested parties.
Once the waiting period has passed, the initial probate steps involve the executor presenting the original will, along with a certified death certificate and a list of heirs, to the Surrogate’s Court. Upon validation of the will, the executor will sign an Application for Probate and other necessary documents to be granted the authority to act on behalf of the estate.
After the formal probate process has begun, the executor is required to notify beneficiaries and potential heirs, settle the decedent’s debts and taxes, and distribute the estate according to the will. A Child Support Judgment search is also required for each beneficiary to ensure compliance with state laws. Executors should be aware that some New Jersey counties may have additional local rules or requirements, such as a different process for handling estates with charitable bequests, which may necessitate notification to the Attorney General’s office.
Factors That Affect Probate Duration in New Jersey
The length of probate in New Jersey can vary significantly depending on several factors. The typical duration for probate in New Jersey ranges from about six months for simpler estates to over a year for more complicated cases. Here are the key factors that can affect how long the probate process takes:
- Estate Size and Asset Details: Larger estates with numerous assets, including real estate, multiple bank accounts, and personal property spread across different locations, typically take longer to administer. Each asset must be accounted for, valued, and possibly sold, which adds time to the process.
- Whether the Will is Contested: If the will is challenged by heirs or potential beneficiaries, this can significantly extend the duration of probate. Legal battles over the validity of the will or the interpretation of its contents can take months or even years to resolve.
- Outstanding Debts and Tax Filings: The executor or administrator must settle all debts and tax obligations before distributing assets. This includes filing the final personal tax returns of the deceased and paying any estate taxes. The process of notifying creditors and settling claims can add considerable time, especially if disputes arise. New Jersey law gives creditors nine months to file claims against an estate, which can prolong the process.
- Availability of the Executor or Administrator: The efficiency and availability of the executor or administrator play a crucial role. Delays can occur if the appointed person is not diligent in performing their duties or if they are frequently unavailable.
- Court Processing and Delays: The local court’s caseload can impact probate duration. A backlog in the Surrogate’s Court, where probate proceedings are filed, can delay the start of the process and the subsequent steps required to close the estate.
For example, a straightforward estate for a Red Bank homeowner with a single residence along the Navesink River and a few financial accounts may move efficiently through the Surrogate’s Court and close near New Jersey’s typical one-year probate timeline. By contrast, a contested Monmouth County estate involving multiple properties or a family business may remain in the Superior Court’s Probate Part in Freehold for several years before all issues are resolved.
The probate process can be unpredictable, but understanding these factors can help executors and beneficiaries manage it more efficiently. Proper planning, timely action, and legal guidance can help reduce delays and complications in either scenario.
Does A Will Have To Be Probated In New Jersey?
If a decedent has probate assets held solely in their name, their will must be probated regardless of the estate’s value. Probate assets include property owned only by the deceased person, without co-owners or designated beneficiaries. In New Jersey, this typically covers real estate, bank accounts, investments, and personal property such as jewelry and artwork.
The probate process is initiated to facilitate the legal and formal transfer of the decedent’s assets to their beneficiaries.
Importance of Legal Assistance in Probate Matters
Probate matters involve administering a deceased person’s estate. This includes validating wills, distributing assets and property, resolving debts, and handling any contests to the will. Because these matters can be complicated, time-consuming, and emotionally charged, seeking legal assistance is crucial to ensure all legal requirements are met and the deceased’s wishes are honored.
Working with an Attorney During the Probate Process
When an individual dies, their estate must go through the probate process. The deceased’s assets are distributed during this time, and any outstanding debts are settled. Dealing with probate can be overwhelming for grieving family members, and having the guidance of a knowledgeable attorney can make all the difference.
Some of the ways an attorney can assist in the probate process include:
- Administering the estate: This can involve handling the paperwork and court filings, identifying and gathering assets, and managing any ongoing business affairs of the deceased.
- Ensuring proper distribution of assets: An attorney can ensure that assets are distributed according to the terms of the will and in compliance with state law.
- Settling debts: An attorney can help identify and resolve any outstanding debts to ensure the estate is properly settled.
- Addressing tax issues: An attorney can assist in calculating and paying any taxes owed by the estate.
The probate process in New Jersey can be challenging and involves numerous legal requirements and deadlines. An attorney can assist in ensuring that these factors are handled, which can help prevent delays and complications in the probate process.
Getting the Help of An Experienced Probate Attorney from The Matus Law Group
Whether you are a personal representative of the deceased or a beneficiary, seeking assistance from an experienced attorney knowledgeable about probate in New Jersey is important.
The Matus Law Group, led by experienced New Jersey probate lawyer Christine Matus, has over 20 years of experience providing top-notch legal representation for probate litigation, wills and trusts, and other related matters. We understand the challenges of New Jersey’s probate process, including the specific procedures at county surrogate courts throughout the state.
Whether you need assistance with probate matters in Monmouth County or elsewhere in New Jersey, we advocate for your rights and estate goals. Contact The Matus Law Group at (732) 785-4453 to speak with an experienced attorney about your probate concerns today.
