New Jersey Sample Letter for Notification to Creditor to Probate and Register Claim
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How to fill out Sample Letter For Notification To Creditor To Probate And Register Claim?
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FAQ
A notice to creditors is a public statement noting the death of an individual to alert potential creditors to the situation. Still published in local newspapers, the notice is filed by the estate's executor and meant to facilitate the probate proceedings.
In New Jersey, creditors have nine months after death to stake a claim against an estate. If the claim is not made within those nine months, the courts may dismiss the claim and leave the creditor empty-handed. This is why notice of death from the executor to the creditors is so important.
After the Will has been entered into Probate, the executor must within 60 days of the date of the probate give Notice of Probate (R. -6) to all beneficiaries under the Will and to all persons who would have inherited by intestacy (those next of kin listed on the Application For Probate).
A notice will contain the name of the person who passed away, the deadline for creditors to make claims, and the address they should contact. After the deadline has passed, the executor can begin distributing assets, and so creditors may lose out.
NJ Specifics If a debt becomes known after the 9-month deadline, the executor has no obligation to resolve it, unless there are still remaining undistributed funds and the court, for good cause, directs the executor to do so (see NJ Rev Stat § 3B:22-14).
In New Jersey, the executor is required to disclose to the beneficiaries all actions undertaken to liquidate the estate. The individual must be able to supply support documentation regarding the distribution of any assets and specify the recipients.
Basic Requirements for Serving as a New Jersey Executor The court must appoint that person unless there is clear evidence that he or she acquired the position through fraud or misconduct, is incapacitated, or otherwise unsuitable to serve. (See N.J. Stat. Ann. § 3B:14-21; 77 N.J. 316.)
Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death.
