The main difference between an executor and an administrator is how each role is appointed to manage a deceased person’s estate. When a person dies, their estate is distributed either under the terms of a valid will or, if there is no will, under New Jersey intestacy law. An executor is named directly in the will by the deceased, while an administrator is appointed by the New Jersey Surrogate’s Court when no will exists or when no valid executor is available.
Our New Jersey probate lawyers at Matus Law Group provide personalized legal solutions to give you security for your family’s future. Estate planning attorney Christine Matus, admitted to the New Jersey Bar in 1995, brings nearly three decades of experience helping families in Monmouth County and across the state.
This guide explains what probate administration involves in New Jersey, how executors and administrators are appointed, what duties each role carries, how personal representatives are compensated under state law, and when to seek legal help with estate matters.
If you need guidance with probate or have questions about serving as an executor or administrator, Matus Law Group can help you manage the process with confidence. Call (732) 785-4453 today to schedule a consultation.
What Is Probate Administration in New Jersey?
Probate is the legal process of authenticating and recognizing the Last Will and Testament of a deceased person, also referred to as a decedent. The personal representative is responsible for identifying, collecting, and safeguarding the decedent’s assets, paying off outstanding debts to creditors, fulfilling legal obligations such as filing required tax returns, paying valid taxes and debts, and distributing the remaining assets to the proper beneficiaries or heirs.
In New Jersey, probate is typically handled through the Surrogate’s Court in the county where the decedent resided, with authority also existing in the Superior Court under Title 3B. When a will exists, the estate is referred to as “testate,” and if the testator has named an executor who is willing to serve, the estate is distributed according to the Last Will and Testament.
When no will exists, the estate is intestate, and the Surrogate’s Court generally grants administration first to the surviving spouse or domestic partner, then to the remaining heirs, and, if none of them accept, to another fit person who applies. The estate is then distributed under New Jersey intestacy law.
Personal representatives are accountable to the decedent’s heirs, beneficiaries, and creditors, and can face legal challenges for improper or negligent performance of their duties. To compensate them, personal representatives may receive a commission on corpus received by the fiduciary under N.J.S.A. 3B:18-14, and may also be entitled to income commissions under N.J.S.A. 3B:18-13.
Key Takeaway: Probate is the court-supervised process of settling a deceased person’s estate. Whether the estate is testate (with a will) or intestate (without a will) determines whether an executor or an administrator manages the process through the New Jersey Surrogate’s Court.
What Is an Executor and What Do They Do in New Jersey?
An executor is the person named in a will to administer the estate after the testator dies. A will may name one or more executors, and it may also name a successor executor. Being named as executor does not automatically require a person to serve; a named executor may renounce the appointment.
Who Can Serve as an Executor in New Jersey?
To serve as an executor in New Jersey, a person generally must be an adult who is willing and able to qualify. A fiduciary may later be removed for cause, including incapacity, failure to comply with court orders, or misuse of estate assets.
What Are the Step-by-Step Duties of an Executor?
Serving as an executor in New Jersey involves a series of legal and financial responsibilities that must be handled carefully throughout the probate process. The following breaks down the key responsibilities executors typically perform when administering an estate:
- Locate and file the will with the Surrogate’s Court. The will must be submitted to the Surrogate’s Court in the county where the decedent resided. For residents of Red Bank and the surrounding areas, this would be the Monmouth County Surrogate’s Court.
- Obtain Letters Testamentary. Once the will has been validated, the court issues Letters Testamentary, authorizing the executor to handle the estate’s financial affairs.
- Inventory and value estate assets. The executor locates and values estate assets, typically using date-of-death values for probate and New Jersey inheritance-tax purposes. In taxable federal estate-tax cases, an alternate valuation election under IRC § 2032 may be available.
- Notify creditors and validate or dispute claims. The executor reviews creditor claims, pays valid claims, and may reject improper claims, which can then be presented to the court if disputed.
- File the decedent’s final income tax returns and pay any applicable taxes, including New Jersey inheritance tax and, if required, federal estate tax.
- Distribute remaining assets per the will. After debts and taxes are paid, the executor distributes assets according to the testator’s will.
- Handle insolvent estates per the NJ priority statute. If the estate is insolvent, the personal representative must pay claims in the statutory order of priority.
Key Takeaway: An executor named in a will, must meet New Jersey eligibility requirements and carry out a structured series of duties from filing the will to distributing assets. A will may also name a successor executor, and in some cases, a professional or corporate fiduciary.
What Happens When Someone Dies Without a Will in New Jersey?
An administrator is appointed by the Surrogate’s Court to settle the affairs of a decedent who died intestate. Qualified administrators receive Letters of Administration, the equivalent of Letters Testamentary, authorizing them to handle the decedent’s assets.
Under N.J.S.A. 3B:10-2, letters of administration generally go first to the surviving spouse or domestic partner, then to the remaining heirs, and if none of them will accept the appointment, to another person willing to serve. Distribution of assets is then governed by New Jersey’s intestacy statutes.
If an heir is a minor, the inheritance may need to be managed through a guardian, custodial arrangement, trust, or other court-approved mechanism; the adult managing the property does not inherit it personally just by serving in that role.
Required administration documents vary by county surrogate, but commonly include a certified death certificate, asset information, heir or next-of-kin information, any required renunciations or consents, and bond paperwork if the court requires a bond.
If multiple applicants share equal rights, renunciations or declarations of consent may be required. The Surrogate’s Court may also require a bond calculated based on the size of the estate as insurance against misappropriation.
Key Takeaway: When someone dies without a will in New Jersey, the Surrogate’s Court appoints an administrator following a statutory hierarchy of heirs. The applicant generally must provide a certified death certificate, asset information, heir or next-of-kin information, and any required renunciations or consents, and the court may require a bond.
What Are the Duties of a New Jersey Administrator?
An administrator handles the estate much like an executor does: inventory assets, notify creditors, pay debts and taxes, and distribute remaining assets. The key difference is that distribution follows New Jersey’s intestacy laws rather than a will. The administrator is accountable to the decedent’s heirs, creditors, and the court, and can face legal challenges for negligent performance of duties.
Special Cases: Small Estate Affidavits in New Jersey
In certain situations, New Jersey law allows estates to be settled without full probate through simplified procedures. These small estate affidavits can help eligible family members collect assets more quickly when the estate falls below specific value thresholds.
- Affidavit of Surviving Spouse: In certain intestate estates with total real and personal assets not exceeding $50,000, a simplified affidavit procedure may be available.
- Affidavit of Next of Kin: If there is no surviving spouse, civil union partner, or domestic partner, and the intestate estate does not exceed $20,000, an heir who has the written consent of the other heirs may be entitled to collect the assets by affidavit without administration.
Key Takeaway: An administrator’s duties mirror those of an executor, but asset distribution follows New Jersey intestacy law instead of a will. For intestate small estates, a surviving spouse, civil union partner, or domestic partner may use the affidavit procedure when the estate does not exceed $50,000, and other heirs may use it when the estate does not exceed $20,000, and they have the required consents.
Executor vs. Administrator: Key Differences
The difference between an executor and an administrator mostly lies in how they are appointed rather than the scope of their responsibilities. The following table summarizes the key distinctions:
| Feature | Executor | Administrator |
|---|---|---|
| Source of Authority | Named in the decedent’s will | Court-appointed by the Surrogate’s Court |
| Letters Issued | Letters Testamentary | Letters of Administration |
| Asset Distribution | Per the terms of the will | Per NJ intestacy law (N.J. Stat. Ann. § 3B:5-3) |
| Bond Required | May be waived by the will or required by the court | May be required by the court |
| Selection Method | Chosen by the testator | Follows the statutory hierarchy of heirs |
| Legal Umbrella Term | Personal representative | Personal representative |
The term “executrix” has historically referred to a female executor, but the roles are identical, and the gendered term is rarely used today. For all practical and legal purposes in New Jersey, both titles carry the same duties and authority.
Can an Executor Appoint an Administrator in New Jersey?
An executor does not have the legal authority to appoint an administrator. If an executor is unable or unwilling to carry out their duties, they must formally resign, or the court must determine they are legally incapable of serving.
When an executor is unavailable, the court may appoint an administrator cum testamento annexo (C.T.A.), meaning “with the will annexed,” to handle the estate according to the will’s directives. The appointment requires a formal petition to the Surrogate’s Court in the county where the deceased resided, and the court may appoint an administrator with the will annexed to carry out the will when the named executor does not serve.
Key Takeaway: An executor cannot appoint an administrator. If an executor resigns or becomes incapacitated, the Surrogate’s Court appoints an administrator C.T.A. (“with the will annexed”) to carry out the will’s directives through a formal petition process.
Probate Attorney in New Jersey – Matus Law Group
Christine Matus
Christine Matus founded Matus Law Group with a commitment to guiding families through some of life’s most important legal matters. Admitted to the Bar of the State of New Jersey and the U.S. District Court of New Jersey in 1995, she graduated from Douglass College at Rutgers University with a Bachelor of Arts in Economics and earned her J.D. from Touro College, Jacob D. Fuchsberg Law Center. Christine Matus brings more than 30 years of experience in estate planning, probate, and real estate law to every case she handles.
In addition to leading her firm, Christine Matus serves on the Attorney Arbitration Committee (2021–present) and as Secretary of the Board of Trustees of the Ocean County Bar Association. She is an active member of the New Jersey State Bar Association, the Asian Pacific American Lawyers Association, and the American Bar Association, where she serves on its Advisory Panel.
What Is the Fiduciary Duty of a Personal Representative in NJ?
Once issued Letters Testamentary or Letters of Administration, the personal representative has a fiduciary responsibility to act in the best interest of the estate and its heirs or beneficiaries. A personal representative who breaches their fiduciary duty through self-dealing, negligence, or mismanagement can be held liable and may be removed by the Surrogate’s Court or the Superior Court of New Jersey.
Key Takeaway: Both executors and administrators carry a full fiduciary duty to the estate and its beneficiaries once they receive their letters from the court. Breach of this duty, including self-dealing or negligent management, can result in removal and personal liability.
How Are Executors and Administrators Paid in New Jersey?
Personal representatives in New Jersey may be entitled to statutory commissions on both corpus and income. Under N.J.S.A. 3B:18-14, corpus commissions are 5% of the first $200,000 received, 3.5% of the excess over $200,000 up to $1,000,000, and 2% of the excess over $1,000,000. Under N.J.S.A. 3B:18-13, a fiduciary may also take a 6% commission on income received. If there is more than one fiduciary, an additional 1% of corpus may be taken for each additional fiduciary, subject to the statutory limitation that no one fiduciary may receive more than a sole fiduciary would receive.
Several important rules apply to how commissions are calculated and awarded in New Jersey:
- Real estate commissions: Commissions are only allowed on real estate actually sold by the personal representative or expressly directed to be sold by the will. The property must be sold by the representative, not the beneficiary, to qualify under N.J. Admin. Code § 18:26-7.10(d).
- Excluded assets: Joint tenancy assets, assets held as trustee for another, payable-on-death accounts, and inter vivos transfers are excluded from the commission calculation.
Additional corpus commissions may be allowed if the court finds that the fiduciary rendered unusual or extraordinary services. N.J.S.A. 3B:18-16.
Key Takeaway: New Jersey law sets executor and administrator commissions at 5% of the first $200,000, 3.5% of the next $800,000, and 2% of amounts over $1,000,000. Real estate commissions only apply if the personal representative actually sells the property, and joint tenancy assets are excluded from the calculation.
Get Help from a New Jersey Probate Attorney Today
If you are dealing with the loss of a loved one and need to understand your role as an executor or administrator, having the right legal guidance can make the process clearer and more manageable.
Christine Matus, founder of Matus Law Group, has nearly 30 years of experience helping families in Monmouth County and throughout New Jersey with probate administration, executor appointments, and administrator applications. Our team assists with choosing the right executor, applying for Letters of Administration, resolving creditor disputes, and ensuring fiduciary compliance throughout the estate settlement process.
Call Matus Law Group at (732) 785-4453 or visit our office at 125 Half Mile Rd #201A, Red Bank, NJ 07701. We serve clients throughout Monmouth County and across New Jersey.
Frequently Asked Questions for a Probate Attorney in New Jersey
What is the main difference between an executor and an administrator in NJ?
An executor is named in a will by the deceased, while an administrator is appointed by the Surrogate’s Court when there is no valid will or no available executor. Both roles carry the same core responsibilities of managing the estate through probate, including paying debts, filing taxes, and distributing assets.
Can an executor refuse to serve in New Jersey?
Yes. A named executor may renounce before probate. If the named executor does not serve and no alternate executor is available, the court may appoint an administrator C.T.A. to carry out the will.
Who becomes the administrator if there is no will and no family in NJ?
If no eligible family member is available or willing to serve, and no heir claims administration within 40 days after death, the Superior Court or surrogate’s court may grant letters of administration to any fit person who applies.
Does an administrator have to post a bond in New Jersey?
Often, yes. The Surrogate’s Court may require a bond based on the size of the estate as insurance against misappropriation of estate assets. The bond amount is calculated in proportion to the total value of the estate being administered.
How much does an executor or administrator get paid in New Jersey?
Under N.J.S.A. 3B:18-14, the commission rate is 5% of the first $200,000 of corpus, 3.5% of the next $800,000, and 2% of amounts exceeding $1,000,000. New Jersey law permits an additional 1% of corpus for each additional fiduciary, subject to the rule that no individual fiduciary may receive more than a sole fiduciary would receive.
What is an administrator C.T.A. in New Jersey?
An administrator cum testamento annexo (C.T.A.) is a court-appointed administrator who carries out a will’s directives when the named executor is unavailable, has resigned, or has been disqualified. The appointment requires a formal petition to the Surrogate’s Court.
What documents are needed to apply as an estate administrator in NJ?
Required documents vary by county, but they commonly include a certified death certificate, asset information, heir or next-of-kin information, and any required renunciations, consents, or bond paperwork.
Can the same person be both executor and beneficiary in New Jersey?
Yes. New Jersey law does not prohibit an executor from also being a named beneficiary of the estate. This is a common arrangement when a spouse or adult child is named as executor, though the executor must still fulfill all fiduciary duties impartially.
