New Jersey law also provides for simplified probate procedures for estates that fall below a certain monetary threshold: $50,000 if you are a surviving spouse or domestic partner, and $20,000 if you are the heir of an estate and there is no surviving spouse or domestic partner.
Who is considered next of kin? We require spouse and children to be listed. IF decedent has a child who predeceased him or her and that child produced grandchildren, the those grandchildren must be listed. IF there is NO spouse or children, you would list the decedent's parents.
If there is no Will, and the decedent is survived by heirs, and the estate is under $20,000.00 and held in the decedent's name alone and not held jointly with a living person, a "next of kin" affidavit can be issued by the Surrogate to one of the surviving next-of-kin upon receipt of consent forms from all other ...
In situations where the deceased died intestate, or without a will, a Small Estate Affidavit is a form that allows the decedent's heirs to avoid a lengthy process in settling the estate.
This 10-day period allows for the filing of a caveat by an heir at law or beneficiary in a prior last Will. The probate process is initiated with the presenting of the original Will together with a certified copy of the death certificate and list of heirs at law to the Surrogate by the named executor.
If you are a parent of a minor, the same last name, a birth certificate and marriage license are required for verification. If you are the guardian of the minor, then Guardianship papers and/or any legal paperwork showing this must be shown for verification.
What is next of kin? Your medical next of kin is someone you nominate to receive information about your medical care. If you have not chosen a next of kin, it will usually be assumed to be a close blood relative, spouse or civil partner. They will be kept informed about your care.
The general rule is that an estate has to be probated within 3 years of when the decedent died. However, this deadline doesn't apply to: A voluntary administration. Determining heirs.
In situations where the deceased died intestate, or without a will, a Small Estate Affidavit is a form that allows the decedent's heirs to avoid a lengthy process in settling the estate.
Trusts are an excellent option for someone looking to avoid probate. However, you do not necessarily need a trust to avoid probate. Other options that may allow you to avoid probate proceedings include joint ownership of property, POD/TOD designations, and beneficiary deeds and designations.