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Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

In New Jersey, a personal representative who handles an intestate estate (one without a valid will) must first obtain Letters of Administration from the Surrogate’s Court. Under N.J.S.A. 3B:3-25, the court issues these letters once it reviews and approves the required documents. Below is a breakdown of what you need to file:

1. Certified Death Certificate. A certified copy issued by the local vital records office. This proves the decedent’s passing.
2. Petition for Probate/Administration. The formal application (Surrogate’s Court form) stating the decedent’s name, date of death, residence, heirs, and estate value.
3. Family Tree/Affidavit of Heirs. Complete a family tree or affidavit identifying all next-of-kin with their addresses and relationship to the decedent. See N.J.S.A. 3B:3-25.
4. Oath of Personal Representative. A signed oath promising to administer the estate according to New Jersey law (Surrogate’s Court form).
5. Bond. Unless waived by the will or court, a surety bond guarantees faithful performance. The court calculates the bond amount based on estate value and debts (N.J.S.A. 3B:3-28).
6. Inventory Schedule. A preliminary list of assets and their values if available at filing. Many counties allow later submission within 60 days of appointment.
7. Filing Fee. Fees vary by county; typically between $175 and $225. Check your county surrogate’s website.
8. Notice of Probate/Administration. After filing, you must publish notice to creditors in a local newspaper per N.J.S.A. 3B:3-29.

Once the Surrogate’s Court accepts your petition and documents, it will issue Letters of Administration. These letters empower you to collect assets, pay debts, and distribute property under Title 3B of the New Jersey Statutes.

Helpful Hints

• Contact the county Surrogate’s Office early to confirm local forms and fee schedules.
• Order multiple certified death certificates—banks often require their own copy.
• Use clear, legible copies of all documents to avoid processing delays.
• Ask about a bond waiver if the decedent named no debts and assets fall below the bond threshold.
• Keep a detailed asset list and creditor notices to simplify inventory and final accounting.
• Consult an attorney if disputes arise among heirs or if complex assets (business interests, real estate) exist.