Probate is the legal process of administering an estate after a person’s death, ensuring that their assets are distributed to the rightful heirs and beneficiaries. This involves verifying the validity of a will, if one exists, and settling any debts or taxes owed by the estate. If there is no will, the assets are distributed according to state laws. The probate process ensures that the decedent’s wishes are honored, or if they left no instructions, that the estate is handled fairly according to the law.

Is a probate lawyer necessary for every estate?

Not every estate requires a probate lawyer, but their involvement is often beneficial. Smaller, simpler estates may not need legal assistance, especially if family members are cooperative and there are few assets to manage. However, in larger estates, or those involving complicated assets, creditors, or disputes among heirs, a probate lawyer can save time, reduce stress, and ensure that the estate is handled in compliance with the law. Their experience is invaluable in preventing costly errors or legal challenges.

What are some common disputes in probate?

Common disputes in probate include disagreements over the validity of the will, how assets are distributed, and claims of undue influence. Beneficiaries may argue that the decedent was not mentally capable of making decisions when drafting the will, or that another party coerced them into altering it. Family members might also challenge how assets are divided, especially if they believe the distribution was unfair. Such disputes can lead to legal battles that require court intervention, making the guidance of a probate lawyer essential.

What is the probate process in New Jersey?

In New Jersey, the probate process involves submitting the deceased person’s will to the Surrogate’s Office in the county where they lived. The executor of the estate is then authorized to administer the will, which includes managing assets, paying debts, and distributing property to heirs. If no will exists, the estate is handled through intestate administration, where an administrator is appointed to distribute the assets according to state law. While the process is designed to be straightforward, complications such as disputes or creditor claims may arise, requiring legal assistance.

What happens if there is no will?

If a person dies without a will, their estate is considered "intestate," and the distribution of their assets is governed by state intestacy laws. In New Jersey, this means that assets will be distributed to the closest relatives in a predetermined order, starting with the spouse and children. The probate court appoints an administrator to manage the estate, similar to an executor, but the process can become more complex without clear instructions from the deceased. Without a will, disputes among family members are more likely, which can complicate and prolong the probate process.

How are estate assets valued in probate?

Valuing an estate’s assets during probate is a critical step to ensure proper distribution and tax calculations. The process involves appraising the decedent’s assets, which can include real estate, bank accounts, investments, and personal property. This valuation is essential not only for determining the rightful shares for beneficiaries but also for tax purposes, as the estate may owe state or federal taxes depending on its size. A probate lawyer helps coordinate this appraisal process and ensures that all assets are accounted for accurately.

How can a probate lawyer help with will disputes?

Probate lawyers play a key role in resolving disputes related to the validity of a will or its terms. If a beneficiary or heir believes that the will does not accurately reflect the deceased's wishes, they may contest it on grounds such as undue influence, fraud, or the decedent's lack of mental capacity. In these cases, a probate lawyer provides legal representation, guiding their client through the litigation process and working to resolve the dispute in a way that upholds the law and the decedent's true intentions. This legal experience helps prevent lengthy and emotionally charged family conflicts.

How can The Matus Law Group help with the probate process?

At The Matus Law Group, we provide personalized and compassionate legal assistance throughout the probate process. Our experienced New Jersey probate attorneys handle everything from will validation and asset management to resolving disputes and ensuring that the estate is distributed according to the deceased’s wishes. We are dedicated to reducing the stress of probate for our clients by offering clear, effective guidance, making even the most complex situations manageable. By entrusting your probate matters to us, you can be confident that every detail will be addressed professionally and efficiently.

How can I contact The Matus Law Group for probate assistance?

You can easily contact The Matus Law Group by calling us at (732) 785-4453. Our team is ready to provide a confidential consultation to discuss your specific probate needs and answer any questions you may have. We are also available through our website, where you can learn more about our services and schedule an appointment. Whether you're dealing with a straightforward probate case or facing more complex legal challenges, we are here to help guide you through every step of the process.

What Does a Probate Lawyer Do For You?

Q: What does a probate lawyer do?

A probate lawyer assists in the legal aspects of managing and distributing an estate after someone passes away. Their duties include validating the will, handling paperwork, paying debts, and ensuring taxes are properly calculated and filed. They also assist in distributing assets to heirs and beneficiaries, and represent clients in any disputes or litigation that may arise during the probate process. A probate lawyer helps simplify a complex process, ensuring that all legal requirements are met and the estate is settled efficiently.

Published on: September 9, 2024

Dealing with probate can be overwhelming, especially during a time of loss. A probate lawyer can be an invaluable resource, guiding you through the legal process of settling an estate. They help manage and distribute assets, settle debts, and ensure that the deceased’s wishes are honored according to their will. By handling the intricate details of probate law, they can help reduce stress and prevent potential disputes among beneficiaries.

The probate process in New Jersey can be particularly complex due to specific state regulations. This is where a skilled probate lawyer becomes essential. Their experience can save time, reduce costs, and provide peace of mind during a challenging period.

If you’re facing the probate process in New Jersey, the support of an experienced New Jersey probate lawyer from The Matus Law Group can be invaluable. Our team is dedicated to providing compassionate and competent legal guidance to make the probate process as smooth and straightforward as possible. Contact us today at (732) 785-4453 to learn more about how we can assist you in managing the probate process with confidence.

What is Probate?

Probate is the process of legally administering an estate after an individual’s death and handling the distribution of their assets to heirs and beneficiaries. For many, there is a valid will that will set out instructions for this. But often, an individual dies without the benefit of a will or trust, and the estate must be administered through the probate courts. Even if there is a valid will, disputes may arise between heirs and family members. This is when it is essential to have the assistance of a skilled probate lawyer.

What is a Probate Lawyer?

A probate lawyer, or estate attorney, is an attorney who is state-licensed and experienced in estate law. When a loved one dies, a probate lawyer is specifically tasked with assisting executors, family members, and other heirs and beneficiaries of an estate. But there are many other things that a probate lawyer will do.

During the probate process, a lawyer will help with various responsibilities, including

Identifying the assets of the estate
Preparing and filing documentation for the court
Determining whether any taxes are due to the state or federal government and resolving any tax issues
Collecting the proceeds from life insurance policies
Getting a valuation and appraisal of assets and real property
Assisting in the payment of bills and debts
Assisting with any creditor claims
Assisting in inheritance disputes
Transferring assets to heirs and beneficiaries
Contesting a will or trust
Handling surcharge actions against a trustee
Setting up conservatorships and guardianships
Probate and tax appeals
Acting as executor or trustee

and other matters.

A probate lawyer will help with various issues and responsibilities during the probate process and can make an overwhelming and time-consuming process more manageable. Your lawyer will also be able to offer crucial advice regarding important estate matters and draft appropriate documents such as wills, trusts, and powers of attorney.

What Does a Probate Lawyer Do?

A probate lawyer plays a crucial role in managing the legal processes that occur after someone has passed away. In New Jersey, the duties of a probate lawyer primarily focus on assisting those who are responsible for executing a will or administering an estate. This support is essential in ensuring that the wishes of the deceased are respected and followed accurately.

One of the primary tasks of a probate lawyer is to validate the will. This process confirms that the will meets all legal standards and truly reflects the intentions of the deceased. Following this, the lawyer helps in settling the deceased’s final affairs, which might include paying off debts and closing accounts.

Another significant role is appraising the value of the decedent’s estate. This involves assessing the total assets and determining their value, which is essential for tax purposes and equitable asset distribution. A probate lawyer also assists in distributing the assets according to the decedent’s instructions laid out in the will. This can be a complex task, especially if the estate includes a wide range of assets or if there are disputes among the beneficiaries.

Additionally, if there are challenges or disputes related to the estate, a probate lawyer provides necessary legal guidance and representation to protect the rights of their client. This might involve litigation to resolve any disagreements about the will or the distribution of the estate’s assets.

By handling these complex legal tasks, a probate lawyer ensures that the administration of an estate goes smoothly, respecting the decedent’s wishes and providing peace of mind to the involved parties.

Task	Description
Validating the Will	Confirms that the will meets all legal standards and reflects the true intentions of the deceased.
Settling Final Affairs	Involves paying off debts, closing accounts, and addressing other final obligations of the deceased.
Appraising Estate Value	Assessing and determining the total value of the decedent’s assets for tax purposes and equitable distribution.
Distributing Assets	Assists in distributing assets as per the decedent’s instructions in the will, which may involve navigating complex asset ranges or beneficiary disputes.
Legal Guidance and Representation	Provides necessary legal support and represents the client in court in case of disputes or challenges related to the estate.

Is Having a Probate Lawyer Necessary?

Having the skill and guidance of a probate lawyer can save an estate a significant amount of money and speed up the probate process. But some estates are small and fairly uncomplicated. Although it is always good to have a professional’s guidance in probate matters, it’s not always necessary. This will depend on how large the estate is, if there is enough money in the estate to pay off creditors and debts, what type of assets are in the estate, and if family members get along reasonably well.

Probate Process in New Jersey

Probate refers to the legal procedure of administering an estate by paying all debts and disbursing property according to the will. New Jersey law requires that a deceased person’s will and testament be filed in probate at the Surrogate’s Office of the county where they reside. The County Surrogate can accept the will and authorize the executor to act in that capacity.

A decedent who dies without leaving a will is deemed to have died “intestate”. An “intestate administration” is the process of administering an estate that has been left to the intestate. This process in New Jersey is managed by the County Surrogate. This process works in a similar way to probate administration. Instead of being called the executor, the administrator is the person responsible for administering an intestate estate. However, in New Jersey, the executor and the administrator’s roles are similar.

If a Will is entered into probate in New Jersey, the state laws require:

A visit to the Surrogate’s Office in your locality, also known as “Surrogate’s Court”
Meet with the Surrogate, or an authorized member of their staff
Provide them with the will
If the will has not been notarized, bring in witnesses and provide contact information.
Validating the will by the Surrogate (or their representative).

This process can be completed in a matter of minutes, with many instances. It is also relatively affordable because New Jersey charges only for the length of the will, and not the estate’s value. The process can get more complex in some instances. You may need the assistance of a probate lawyer if there are any complications or you don’t want to attempt to handle this on your own.

Will Challenges in New Jersey

To contest a will in New Jersey, you must have “legal standing”. People with standing are generally the people and groups named in the will, as well as those who would have inherited the estate from the deceased if there was no will – the heirs at law. Any person named in a previous Will will also be considered to have standing if the Will is introduced into probate and reduces or eliminates assets that were intended to be distributed to them.

Will challenges in New Jersey often stem from the claim that the deceased was unable to make or modify a Will. This challenge is usually based on a claim that a decedent was suffering from Alzheimer’s, dementia, or another illness or condition that made it difficult for him or her to fully understand their assets and the effects of the actions taken.

Another way to contest the validity of a Will is to claim that the decedent was subjected to undue influence in writing or making the will. An undue influence claim is an assertion that the decedent was influenced in writing or rewriting the will by another person in a private relationship with the deceased to the extent that the will reflects the wishes of that other individual and not the decedent.

If you are dealing with the estate of a loved one or have questions about any probate matters, the skilled New Jersey probate lawyers at the Matus Law Group can help. Contact us today at (732) 785-4453 for a confidential consultation.

Christine Matus