This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Petition To Set Aside Estate Without Administration In Middlesex
Category:
State:
Multi-State
County:
Middlesex
Control #:
US-000297
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Word;
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FAQ
If you die without a will, the court proceeding is called an administration proceeding. A “voluntary administration,” also referred to as a “small estate proceeding,” is a court proceeding on death for personal property worth $30,000 or less, and is used whether or not the decedent had a will.
First publication must be at least 15 days before the hearing date. Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the first and last publication dates as part of the five-day period, are sufficient.
In a regular probate proceeding, the Court will issue an order appointing you the executor of the estate. In a small estate proceeding there is no order. Instead, the Court will issue you a certificate identifying you as the voluntary administrator and authorizing you to collect a specified asset or assets.
Regular New Jersey Probate: One Year or Less Each creditor has nine months from the decedent's passing to claim the estate. After nine months, and if there are no unpaid or pending claims, the executor can distribute the assets and issue a declaration of discharge.
Notice of Petition to Administer Estate: This form is used for two purposes: 1) for newspaper publication, and 2) to notify the persons who are entitled to receive notice about the hearing date. Complete the front side of the form and file it with the Petition for Probate.
Notice of Petition to Administer Estate: This form is used for two purposes: 1) for newspaper publication, and 2) to notify the persons who are entitled to receive notice about the hearing date. Complete the front side of the form and file it with the Petition for Probate.
Three publications in a newspaper published once a week or more often, with at least five days intervening between the first and last publication dates, not counting the publication dates, are sufficient.
To receive your letters of administration, you'll first file an application to be estate administrator with your local probate court. You'll then attend a court hearing, where a judge will evaluate your application, verify that you're able to serve as administrator, and either approve or deny your request.
Draft the Notice. The name of the deceased. The case number. The name of the executor or personal representative. The deadline for creditors to submit claims (usually a set number of weeks from the publication date). The probate court's contact information.