When a person passes away, their estate must be disbursed according to their will or pursuant to law in those cases where there is no will. At Klatsky & Sciarrabone, our lawyers can help with the administration of either type of estate.  Contact us by either using the online form or calling us directly at 732-741-3200 to schedule a consultation and learn more.

Estate Administration with a Will

If the decedent died with a will, the will must be found and filed with the surrogate court in the county where the decedent resided at the time of their death. Provided that the will contains the necessary language required by law to make it self proving and the signatures of the decedent and the witnesses are properly notarized, the will can be admitted to probate by the surrogate court. However, if a will is not self proving, then one of the witnesses who signed the will, or someone else who witnessed the will, must sign and have notarized a witness proof form which indicates the will was properly executed before the will can be admitted to probate. Admitting a will to probate establishes the validity of the will and authorizes the executor to transfer the estate's assets according to the terms of the will. After the will is admitted to probate, the surrogate court will appoint the executor named in the will. The executor will then proceed to gather the assets of the estate, pay the debts of the estate, file any required tax returns on behalf of the decedent and the estate, account to the beneficiaries and then, provided that the beneficiaries approve of the executor's accounting, proceed to distribute the assets in accordance with the terms of the will after receiving a release and refunding bond from each of the beneficiaries. If the beneficiaries do not approve of the executor's accounting, then the executor must file an action in the Superior Court of New Jersey, Chancery Division, Probate Part, to obtain a judgment allowing and approving the executor's account  before distributing the estate to the beneficiaries.

Estate Administration without a Will

If there is no Will, the decedent is said to have died intestate. This does not mean their assets will not be inherited, it just means their property will pass to their heirs through New Jersey's intestacy laws. An administrator will have to get a surety bond based upon the value of the estate and be appointed by the surrogate court to administer the estate. The administrator will be required to distribute the assets of the estate to the decedent's heirs in accordance with the laws governing intestacy which may include heirs that the decedent did not want to inherit anything from their estate.

Contact Klatsky & Sciarrabone Today

 If you are the executor or administrator of an estate, we can guide you through the estate administration process. If you have questions, contact Klatsky & Sciarrabone either online or at 732-741-3200 to schedule a consultation with one of our lawyers today.