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.
The beneficiary also has the right to receive a copy of the will. This means that a beneficiary has a right to know the approximate amount he or she is likely to receive after the will is probated. The beneficiary does not, however, have the right to view or receive the inheritance until probate is completed.
An estate can be closed in one of four fashions: (1) the funds can simply be distributed directly by the Executor or Administrator to estate beneficiaries; (2) the funds can be distributed to an heir(s) after each signs a Release and Refunding Bond waiving his or her right to a formal accounting; (3) distribution can ...
The executor named in the will must apply for Letters of Testamentary, which are usually issued to the executor during the initial meeting with the surrogate. Information on next of kin. Bring the names and addresses of all next of kin of the decedent, even if these individuals are not listed in the will.
One question we get is “do the letters of testamentary expire?” Technically, no, they don't expire.
A Short Certificate can be obtained at the "Register of Wills" office in the county court house.
When there is no spouse or domestic partner and the property does not exceed $20,000.00 in value, a close relative can file an affidavit to handle the disposition of the estate. Otherwise, the County Surrogate must appoint an administrator.
Most state laws require that all wills be filed. They do not, however, require an executor to file a petition for probate or prove the validity of the last will and testament. Property could remain in the decedent's estate indefinitely if no one probates the will.
Regular probate of an estate in New Jersey Claims by creditors must be made within nine months of the decedent's passing. If there are no claims against the estate within nine months of the death of the deceased, the executor can distribute the assets to beneficiaries and issue a declaration of discharge.