New Jersey Application For Probate (Non-Resident)

State:
New Jersey
Control #:
NJ-SKU-0464
Format:
PDF
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Description

Application For Probate (Non-Resident)

New Jersey Application For Probate (Non-Resident) is a legal process that is used when someone dies, and they have assets located in the state of New Jersey. This process is used to determine who is entitled to the deceased’s assets and how those assets will be distributed. Non-residents of New Jersey may file an Application for Probate in order to settle the estate of the deceased. The application must be filed with the Surrogate’s Office of the county where the deceased’s assets are located. There are two types of New Jersey Application For Probate (Non-Resident): Regular Probate and Summary Administration. Regular Probate is used when the value of the estate is over $20,000. The application must include a detailed inventory of the deceased’s assets and liabilities. Summary Administration is used when the value of the estate is under $20,000. The application must include a brief description of the deceased’s assets and liabilities. In order to file a New Jersey Application For Probate (Non-Resident), the applicant must provide copies of the death certificate, a certified copy of the will, and proof of identity. After the application is filed, the Surrogate’s Office will review the documents and issue a Certificate of Appointment of Executor/Administrator. This certificate will be used to transfer ownership of the deceased’s assets to the appropriate beneficiaries.

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FAQ

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.

New Jersey probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.

In New Jersey, you can file probate no sooner than 10 days after the person's death. There is no official deadline for how long after their death you can file, but many families try to start the process as soon as possible.

Probate must occur before the Surrogate in the County of the decedent's residence at the time of death. 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.

If the decedent has assets solely in his/her name at the time of death then the Will must be probated regardless of the value of the estate. You probate in order for the named executor in the Will to be given the authority to transfer the assets both real and personal to the estate.

To qualify for a simplified probate, the estate's assets cannot exceed $20,000 in value. If a spouse survives the deceased, the husband or wife must be entitled to the entire estate. In cases where the deceased was not married, the remaining family members have the right to designate a single heir to get the assets.

In New Jersey, the statute of limitations for will contests is usually just four months. For those who reside outside of New Jersey at the time of the will's probate, a little extra time is added. People outside of New Jersey have six months to issue a formal contest of the will.

Most New Jersey wills cost under $200 to enter into probate, and the process is relatively straightforward. Do not let ?probate court? intimidate you. There is little chance you will need to go into a courtroom or before a judge for this proceeding.

More info

Complete the applicable Probate Forms listed below. Note: The Estate Tax filings are not required for estates of decedents dying on or after January 1, 2013.Review important forms and instructions related to the Probate process. Petition for Probate of Authenticated Copy of Will - Complete this form and present it when filing authenticated record. The forms are available at no cost in. Word or PDF format to complete online or on your electronic device. A solicitor or resident personal representative making an application for clearance under section 48(10) to distribute benefits to non-resident beneficiaries as. Forms necessary to file a probate case. However, the circuit court clerk is not an attorney and cannot give you legal advice. To be recognized as the estate administrator, you must file the petition for grant of letters of administration with the Register of Wills.

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New Jersey Application For Probate (Non-Resident)