This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Jersey Petition to Determine Distribution Rights of the Assets of a Decedent
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How to fill out Petition To Determine Distribution Rights Of The Assets Of A Decedent?
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After nine months, and if there are no unpaid or pending claims, the executor can distribute the assets and issue a declaration of discharge. Closing an estate can take just a little over nine months if there's no litigation, no problems determining beneficiaries, and no creditor issues.
Non-probate assets include anything with a designated beneficiary or assets that are jointly owned. In the case where assets are jointly owned, upon the death of the testator, the assets will immediately go to the surviving owner. This includes joint bank accounts and real property held as joint tenants.
In New Jersey, if the total value of a deceased person's estate (excluding real estate and assets that pass outside of probate) is $50,000 or less, the estate can be settled without going through the formal probate process. This is called a small estate affidavit procedure.
After someone dies, someone (called the deceased person's 'executor' or 'administrator') must deal with their money and property (the deceased person's 'estate'). They need to pay the deceased person's taxes and debts, and distribute his or her money and property to the people entitled to it.
New Jersey Court Rule -8, if a Notice to Creditors to Present a Claim has been filed under N.J.S.A. 3B:22-4, the Executor or Administrator must mail a notice, by regular mail, to the last known address of each estate creditor of which he or she is aware or that can be ascertained by reasonable inquiry.
Non-probate assets are assets owned jointly with others or have some type of post-death designation in place. Examples of non-probate assets are: jointly-owned property (car, home, bank accounts, etc.), 401(k)s, life insurance, Transfer on Death accounts, and life estate properties.
In New Jersey, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
These are considered non-probate assets and include the following: Assets the deceased person owned with someone else in joint tenancy or tenancy by the entirety. ... Assets that have a named beneficiary outside of the will. ... Life insurance proceeds or pension benefits that are payable to a named beneficiary.