The Probate Process In New Jersey – Article 1
Jun 30, 2011 / By: Michael Bonfrisco, Estate Planning Attorney / Category: ProbateÂ
The Probate Process In New Jersey – Article 1
Before the probate procedure is initiated it is necessary to determine whether there is a need to probate the Will. A Will does not need to be entered into probate if there are no assets in the decedent’s name solely.
If the decedent has assets in his/her name alone then the Will must be probated regardless of the value of the estate. You probate in order to nominate an executor AKA Personal Represenative who is given the authority to transfer the assets both real and personal to the estate.
It is necessary at the outset to ascertain certain information in order to probate the Will.
1. Check the death certificate to determine which Surrogate’s Court the probate will be entered. The probate must be done in the county where the decedent resided.
2. Check the Will to be sure that it is the original Will, not a conformed copy. Only an original may be entered into probate.
3. Determine who the named executor AKA Personal Represenative is in the Will and whether he/she will qualify.
4. Check to see if the Will is “self-proved” N.J.S.A. 3B:3-4. If not, a witness needs to be located to execute a Proof of Witness. .
5. List all the assets of the decedent in order to determine the number of short certificates that will be requested.
6. List all next of kin with names, addresses and ages, if minors. If there are any deceased next-of-kin then their issue must be named.
The probate of a Will can not occur until the eleventh day from the date of death. The procedure may be initiated in the Surrogate’s Court earlier but the issuance of short certificates will not occur until the eleventh day. This ten day period allows for the filing of a caveat by the proper degree of kinship or beneficiary in a prior last Will.Â
Stay tuned next week for Article II of The Probate Process In New Jersey.
The Bonfrisco Law Firm is a member of the American Academy of Estate Planning Attorneys.
