Probate in New Jersey: What You Need to Know

At The Law Firm of Benjamin D. Eckman, we help families navigate the probate process in New Jersey.

We understand how overwhelming it can be, but we'll be there every step of the way, answering your questions and helping resolve any problems that arise. If you're facing estate planning or elder law issues in New Jersey, contact us today for a free consultation.

What Is Probate in New Jersey?

Probate is the name of the process that begins a short time after someone dies. In New Jersey, this can be no sooner than eleven days after death. The process includes validating the will, identifying and appraising all decedent property, paying debts and taxes still owed, and distributing remaining property according to what is written in the will. Probate involves lawyer fees and court fees which come out of estate property.

Starting the New Jersey Probate Process

Probate starts with the filing of a petition with the Surrogate's Court.

The petition is filed by the executor of the estate, who is the person responsible for handling the deceased person's affairs. The executor is usually named in the deceased person's will.

The probate court will then appoint an administrator to oversee the probate process. The administrator is responsible for collecting the assets of the estate, paying the debts of the deceased person, and distributing the assets to the beneficiaries.

The probate process can be complex, and it can be costly. The administrator of the estate is also responsible for paying the fees of the lawyers and the court.

The beneficiaries of the estate may also have to pay taxes on the assets they receive. If you are named as the executor of an estate, or if you are a beneficiary of an estate, you should consult with a lawyer to understand your rights and obligations.

Key Takeaway: Probate is the legal process of distributing a person's assets after they die. The process can be complex, and it can take months or even years to complete.

Why Do I Need to Go Through Probate?

If you are the executor of a will in New Jersey, you are responsible for managing the estate and distributing the assets according to the instructions in the will.

One of the first steps in this process is to file for probate with the Surrogate's Court in the county where the deceased person lived.

Probate is the legal process of authenticating a will and appointing an executor. The executor is the person responsible for managing the estate and distributing the assets according to the instructions in the will.

Because the New Jersey probate process can be complicated, it is important to have an experienced attorney to guide you through the process.

How Can I Avoid Making Mistakes During the New Jersey Probate Process?

When going through the probate process in New Jersey, it is important to avoid making any mistakes that could delay the process or result in additional fees.

Below are some tips on how to avoid making mistakes during Probate in New Jersey:

1. Hire an experienced probate attorney: An experienced probate attorney will be familiar with the process and New Jersey probate laws, and can help you avoid making any mistakes.
2. Follow the Instructions of the Court: The court will provide you with specific instructions on what needs to be done in order to probate a will. It is important that you follow these instructions carefully in order to avoid any mistakes.
3. Make sure all paperwork is complete: There is a lot of paperwork involved in the probate process. Make sure that all of the required paperwork is complete and accurate before submitting it to the court.
4. Be Organized: The probate process can be complex and time-consuming. Stay organized and keep track of all documents and deadlines to avoid any mistakes.
5. Ask for Help: If you are unsure about anything during the probate process, don’t hesitate to ask for help from your attorney or the court. You don't want to make any mistakes that could delay the process.

Key Takeaway: To avoid making mistakes during probate in New Jersey, hire an experienced attorney, follow court instructions, and be organized.

How to hire a good New Jersey probate lawyer?

As stated previously, the New Jersey probate process can be complicated, and it is important to have an experienced attorney to guide you through the process.

There are a few things that you should keep in mind when hiring a probate attorney:

• Make sure the attorney is experienced in handling probate matters in New Jersey.
• Ask the attorney for a list of references.
• Make sure you understand the attorney's fees before hiring him or her.
• Ask the attorney if he or she is familiar with the Surrogate's Court in the county where the deceased person lived.
• Ask the attorney if he or she has any experience with estate taxes and/or federal estate tax.

Key Takeaway: It is important to hire an experienced probate attorney when going through the probate process in New Jersey. Make sure you understand the attorney's fees and ask about their experience with the Surrogate's Court and estate taxes.

What Are Some Common Misconceptions About Probate in New Jersey?

There are a few common misconceptions about probate in New Jersey. One misconception is that probate is always required in order to transfer ownership of property after someone dies.

This is not the case. Probate is only required if the deceased person owned property in their own name, without any beneficiaries designated.

Another common misconception is that probate is a long and complicated process. While probate can sometimes be complex, it does not have to be.

In fact, many probate matters can be handled without the need for a lawyer. Finally, some people believe that probate is expensive.

While there are some costs associated with probate, they are often much less than people expect.

FAQs in Relation to Probate in New Jersey

What is the probate process in New Jersey?

The probate process in New Jersey is the legal process through which a person's estate is administered after their death. The process is overseen by the Surrogate's Court, and involves the collection and distribution of the deceased person's assets, as well as any debts that they may have owed.

The process can be complex, and it is often advisable to seek legal assistance when going through it.

Is probate required in New Jersey?

Probate is required in New Jersey, if the estate includes real property.

How much does it cost to go through probate in NJ?

The cost of probate in New Jersey can vary depending on the size and complexity of the estate, but it typically ranges from $1,000 to $5,000.

What happens if you don't probate a will NJ?

If you don't probate a will in New Jersey, the estate will be distributed according to the intestacy laws of the state.

How long does probate take in New Jersey?

Probate in New Jersey can take anywhere from a few months to a year or more, depending on the complexity of the estate.

What are estate assets?

Estate assets are any property or assets that are owned by the deceased person at the time of their death. This can include real estate, personal belongings, vehicles, bank accounts, investments, and more.

Who pays for probate in NJ?

New Jersey law states that the executor of the estate is responsible for paying for probate out of the estate assets.

Conclusion

If you are in the process of probate in New Jersey, it is important to work with an experienced and knowledgeable attorney to avoid making mistakes. The Law Firm of Benjamin Eckman has years of experience helping clients navigate the often complex and confusing probate process, according to New Jersey law. We can help make sure that your interests are protected and that the process goes as smoothly as possible. Contact us today for a free consultation to see how we can help you.