Planning your estate is the best way to ensure that your property is safe and passed on to the people who you want to receive it. There are several steps in securing your possessions for when you pass away, and one is understanding the probate process and how a probate lawyer can assist with it.
Probate in New Jersey can be a challenging process, and it’s essential to understand how it works, including whether a will needs to be probated in New Jersey, to ensure your loved one’s estate is properly managed. From validating a will to distributing assets, probate requires careful attention to detail and adherence to specific legal steps. Consulting a skilled New Jersey probate lawyer can help you through this process and ensure all legal requirements are met. If you need assistance with the probate process, contact The Matus Law Group at (732) 281-0060 to schedule a consultation today.
What Is Probate?
Probate is the name of the process of settling a person’s estate which takes place shortly after someone dies. In New Jersey, this should be started no sooner than eleven days after the death. The process entails validating the will, identifying and subsequent appraisal of the decedent’s property, paying outstanding debts and appropriate taxes, and distributing the property according to the will. The probate process can involve lawyer fees and court fees which are taken from the estate property.
Starting the Probate Process
The probate process begins with the appointed executor of the will or the administrator filing paperwork, including a certificate of death and Application for Probate, at the Surrogate’s Court in the county of the decedent’s residence at the time of death. The executor should be named by the decedent in their will. If the decedent died without a will, did not name an executor, or if the executor declined to fulfill their role, an administrator will be appointed by the Court to oversee the probate process.
Filed paperwork will include a will—if the decedent created an eligible will before his or her passing—which must be validated by the probate court along with a list of possessions, debts, and inheritors. Following the validation of the will creditors and family members are notified by a Notice of Probate which is distributed by the executor.
If the decedent died without a will, probate will follow New Jersey’s laws of intestate succession, which provides a roadmap for how the estate will be distributed to living relatives based on the family’s circumstances. For example, if the decedent had children but no spouse, the children would automatically inherit their parent’s property.
During the Probate Process
The executor of the will is responsible for managing the assets during the probate process and is tasked with getting valuables appraised and, if necessary, selling property to pay off debts and taxes. In New Jersey, if a beneficiary has a developmental disability, the executor must post a bond, except in cases of exemption, according to Ronnie’s Law. Sometimes the probate process lasts up to a year, but once the proceedings are completed, the court allows the executor to pay debts and divide the rest among the inheritors named in the will.
Does a Will Have to Go Through Probate in New Jersey?
In New Jersey, whether a will must go through probate can depend on how the deceased’s assets are held. When assets are owned jointly, they usually transfer directly to the surviving owner without requiring probate. This means that if all the decedent’s assets are either jointly held or designated to pass directly to a beneficiary, such as in the case of life insurance policies or retirement accounts, probating the will may not be necessary.
However, if assets are solely in the decedent’s name, probate is required to legally transfer ownership of those assets to the beneficiaries designated in the will. Probate serves as a formal process to validate the will, settle debts, and distribute the assets as intended by the deceased.
The executor named in the will initiates the process by submitting the original will and a certified copy of the death certificate to the Surrogate’s Court. It’s important to note that New Jersey law does not allow probate proceedings to start until the 11th day after the death, ensuring there is adequate time to gather necessary documents and notifications.
Therefore, while not all wills must go through probate in New Jersey, many will, depending on the specifics of how the deceased’s assets were held and their total value.
Assets That Do Not Pass Through Probate
In some cases, the probate process can be completely avoided, such as in very small estates cases. The decedent’s spouse can file an appeal if there is a will and the total assets value less than $10,000, and in doing so avoid probate. An Affidavit of Surviving Spouse can be filed if there is no will and the estate is worth less than $20,000. In cases where there is not a surviving spouse or a will and the property is valued at less than $5,000, the next of kin can file an appeal.
Additionally, even large estates with effective estate planning can keep particular assets from passing through probate by utilizing various estate planning vehicles like trusts.
Occasionally, a will is not properly executed and probate is denied by the Surrogate Court which then enters an Order of Doubt or Difficulty and the process is moved to the state Supreme Court. There is a lot to deal with surrounding the death of a loved one, so whether you want to prepare your estate or prepare to enter probate on behalf of a loved one, getting knowledgeable legal assistance is essential. Contact the Matus Law Group today at (732) 281-0060 to schedule a consultation and speak with one of our experienced attorneys.
| Key Aspect | Description |
|---|---|
| What Is Probate? | Probate is the legal process of settling a person’s estate after death, including validating the will, appraising property, paying debts, and distributing assets. It begins no sooner than 11 days after death in New Jersey. |
| Does a Will Have to Go Through Probate? | If assets are solely in the decedent’s name, probate is required to legally transfer ownership to beneficiaries. Jointly held assets or assets with designated beneficiaries may avoid probate. |
| Assets That Do Not Pass Through Probate | Assets such as jointly held property, life insurance policies, retirement accounts, or assets placed in trusts may bypass probate. Small estates may also avoid probate through specific affidavits and filings. |
