Probate Law

What is “Probate”?

The legal process of administering the estate of a deceased person is called “probate”. If a person passes away with a Will it is called testamentary probate proceedings. If they died with no Will, it is referred to as intestacy.

The passing of a family member or friend can be an emotionally exhausting and tumultuous time. The probate process can be overwhelming and without clear direction, the estate assets may be improperly handled, liabilities and expenses may cause issues, and serious disputes can arise among the beneficiaries.

What is the Probate process?

The person named as the  “Executor” or “Personal Representative” under a Will has the responsibility of having the Will admitted into Probate. The probate process starts by filing an application at the Surrogate’s office along with the original Will and a death certificate. Note that the probate of a Will cannot occur until the 11th day from the date of death. The procedure may be initiated in the Surrogate’s office earlier, however, the issuance of short certificates will not occur until the 11th day 

What are the responsibilities of the Personal Representative?

After a Will is admitted into probate, the Surrogate will issue documents, called “short certificates”, to the Personal Representative confirming their authority to administer the estate. The Personal Representative has 60 days to mail a copy of the Will along with a notice of the specific date and place the Will was entered into probate to all of the beneficiaries, any surviving spouse, heirs, next of kin and other persons who may be entitled to such notice. The Personal Representative is responsible to collect and safeguard the assets of the estate. They are also required to pay the valid debts of the decedent, including medical and hospital expenses, funeral expenses, credit cards and similar liabilities. The Personal Representative is also responsible for ensuring all death taxes, including the New Jersey Inheritance Tax and Federal Estate Tax, where applicable, are timely filed and paid. The Personal Representative is also required to perform a Child Support Judgment Search on each beneficiary.

An accounting may be requested by creditors or beneficiaries of a Will and, if the Personal Representative refuses to comply with the request, an action can be brought in the Probate Court to compel a formal accounting.

Finally the assets of the estate are distributed by the Personal Representative, either outright to the beneficiaries, or in trust for the beneficiaries, according to the Will.

The probate procedures are designed to result in an orderly disposition of the estate. However, probate procedures are time sensitive and can be complicated. We can provide assistance with the probate procedures and admitting the will into Probate.

We offer knowledgeable and experienced counsel to you and your family to help navigate the probate system. We assist you in determining the value of the estate, resolving any outstanding liabilities and expenses, distributing the estate to the proper beneficiaries, and ensuring you have properly closed the estate.