What is probate and what does an attorney do during the process?
New Jersey probate is the process through which a deceased person’s will is validated and their assets are distributed according to the terms of the will. When someone dies, a probate attorney is responsible for representing the estate during probate proceedings. This includes filing the necessary paperwork with the probate court, collecting information about the decedent’s assets, and working with the executor or administrator to determine how the assets should be distributed. The probate attorney also represents the interests of the heirs during probate proceedings, ensuring they receive their inheritance in a timely manner and that any debts owed by the estate are paid. Probate can be a complex and time-consuming process, but an experienced probate attorney can help to ensure that it proceeds smoothly.
How can you avoid probate in New Jersey, if possible?
Probate is a legal process required to settle the estate of a decedent. In New Jersey, probate can be a lengthy and costly process. However, there are ways to avoid probate if possible. One way is to create a living trust, which allows you to transfer ownership of your assets to another person while you are still alive. This can help to avoid probate because the assets in the trust will not be considered part of your estate when you die. Another way is to designate beneficiaries for your assets, such as life insurance policies or retirement accounts. This can help to avoid probate because the assets will go directly to the designated beneficiaries, bypassing the probate court. Consulting with an attorney or financial advisor is crucial to determine the best method for your situation.
What are the benefits of hiring an attorney to handle probate for you in NJ?
Hiring a probate attorney in New Jersey offers numerous benefits, especially if you are named the executor or administrator of an estate. Probate involves legally probating a person’s will or, in the absence of a will, distributing assets according to state law. The process can be complicated and time-consuming. An experienced probate attorney can handle all of the paperwork and legal requirements, making it easier for you to focus on your grief and moving forward. In addition, a probate attorney can help to ensure that the estate is distributed according to the deceased person’s wishes and that all debts and taxes are paid. For those facing the daunting task of probate in New Jersey, hiring a probate attorney can offer peace of mind and protection for you and your family.
What are the risks of not hiring a probate attorney?
Handling probate without the assistance of an attorney comes with several risks. One significant risk is not being familiar with all the legal requirements and deadlines associated with the probate process. Missing a deadline or failing to complete a required task could delay the distribution of assets or result in additional fees. Furthermore, if disputes arise among heirs or creditors, you may not have the necessary experience or knowledge to resolve them, leading to further delays and stress. Finally, in cases where the estate is complex or valuable, you may not be able to fully protect the interests of the beneficiaries without the assistance of an experienced probate attorney.
As soon as you learn that you have been named the executor or administrator of an estate in New Jersey, you should contact an experienced estate planning lawyer. Probate involves the administration of the estate of a deceased person, and it can be a complex and time-consuming task. An experienced lawyer can help ensure that the probate process runs smoothly and can also represent your interests in court if necessary. Additionally, a lawyer can provide guidance on how to distribute the decedent’s assets in accordance with their wishes. If you have been named executor of an estate, don’t hesitate to seek professional help—it can make all the difference in ensuring that the probate process is carried out efficiently and effectively.
Next steps
Now that you
know more about probate in New Jersey, you may have a better understanding of how an attorney can help you during this process. If you are interested in learning more about how we can help you with probate or avoiding probate altogether, contact us today to
schedule a complimentary consultation. We would be more than happy to answer any questions you may have.
FAQs About Probate in New Jersey
- Are all estates in New Jersey required to go through probate?
No, not every estate needs to go through the probate process. Assets held jointly with rights of survivorship, placed in a trust, or designated with specific beneficiaries (such as life insurance policies or retirement accounts) can typically avoid probate.
- How long does the probate process usually take in New Jersey?
The timeline can vary depending on the complexity of the estate and any disputes among heirs or creditors. Generally, it can take several months to more than a year. Obtaining letters testamentary might take as little as two weeks, but completing the estate’s administration often takes longer.
- What are the typical costs involved in New Jersey probate?
Probate-related expenses can include court fees, attorney fees, executor fees, and appraisal fees. The total cost depends on the estate’s size and complexity. Filing fees for probating a will are generally less than $200, based on the will’s length, while other costs arise from the estate’s administration.
- Is the executor of a will in New Jersey allowed to receive compensation?
Yes, executors can receive reasonable compensation for their work, unless the will states otherwise or the executor opts to waive it. Compensation is generally based on the estate’s size and complexity.
- What happens when someone dies without a will in New Jersey?
If someone dies without a will, their assets will be distributed according to the state’s intestacy laws, which prioritize close relatives (e.g., spouse, children, parents, or siblings). In such cases, the probate court will appoint an administrator to handle the distribution of the assets.
About Benjamin D. Eckman, Esq.
Benjamin D. Eckman, Esq., is a New Jersey attorney specializing in Elder Law and Estate Planning. With decades of experience, he helps seniors and their families address critical legal, financial, and healthcare needs, including drafting wills, trusts, special needs trusts, and powers of attorney. His practice focuses on asset protection, managing healthcare costs, and preserving eligibility for government benefits like Medicaid.
Mr. Eckman has lectured throughout New Jersey to senior groups, nursing facilities, and professional associations, and his articles have appeared in newspapers and journals. He holds a law degree from Seton Hall University School of Law and is a member of the New York State Bar Association, the New Jersey State Bar Association, a past member of the National Academy of Elder Law Attorneys, the Elder Law Section and Real Property, Probate and Trust Section of the New Jersey State Bar Association, the Union County Bar Association, Passaic County Bar Association and the Bergen County Bar Association.
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