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Surrogate Court Administration ? When someone dies without executing a Last Will and Testament, the Surrogate's Court appoints an administrator/administratrix and issues letters authorizing the transfer of assets in the decedent's name.
Procedure for Appointment of Administrator The applicant should appear in the Surrogate's office with: Proof of death. A detailed list of assets in deceased's name. An estimated of amount owing for debts and taxes.
Probate Process In New Jersey 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.
The word ?Surrogate? means one who takes the place of another. Each county has a Surrogate's Court, with the Surrogate acting as the Judge of that court. The Surrogate is elected for a term of five years pursuant to the Constitution of New Jersey.
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. Once the Surrogate deems the Will to be valid and authentic, it will issue letters and certificates to the Executor.
A short certificate is the document issued by the Surrogate the Executor will use as proof of their authority to transfer or sell the decedent's assets. A short certificate will be needed for the transfer or sale of any asset in the decedent's name alone.
If you need additional help or documents from the Surrogate's Office, such as a Surrogate Certificate (a document confirming that the will has been probated, and an Executor/Administrator has been appointed), please call us at 973-285-6500.
The Surrogate, a Judge of this Court by New Jersey Constitution, is the person who passes on the validity of a Will, gives the executor proof of authority to administer the estate and sees to it that the executor handles the estate properly.