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The Probate Process in New Jersey Initiating the Probate Process. ... Appointing an Executor or Administrator. ... Notifying Heirs and Beneficiaries. ... Managing Estate Assets and Debts. ... Distributing Estate Assets to Beneficiaries. ... Closing the Estate. ... Small Estate Affidavit. ... Transfer-on-Death and Payable-on-Death Assets.
In New Jersey, real estate can be transferred via a TOD deed, otherwise known as a beneficiary deed. This deed permits a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.
Deed transfers can be confusing, and many individuals wishing to transfer or purchase property might be able to learn enough to handle the process without a legal professional. However, a deed transfer attorney in New Jersey can limit the amount of stress and uncertainty associated with the process.
The Executor must bring the original Will, certified copy of the death certificate, a list of the names and addresses of the decedent's next of kin, and a check book to pay various fees and costs. Once the Surrogate deems the Will to be valid and authentic, it will issue letters and certificates to the Executor.
A Deed can be prepared by the grantor, but NJ requires that a licensed attorney in this state can only prepare a Deed on someone's behalf. Effective date of transfer must be printed on first page of Deed (transfer date would be the closing date of the conveyance).