Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in your county for guidance.
Detailed Answer
Under New Jersey law, you open an estate proceeding in the county Surrogate’s Court where the decedent last resided. The process varies slightly if the decedent left a will or died intestate (without a will). Refer to Title 3B of the New Jersey Statutes Annotated (N.J.S.A.) for governing rules: N.J.S.A. 3B.
1. Decide Between Formal Probate and Summary Administration
- Formal Probate: Use if the estate holds real property or the total value exceeds the small‐estate threshold.
- Small (Summary) Administration: Estates with only intangible personal property under $20,000 may qualify under N.J.S.A. 3B:20-2. You file an Affidavit of Small Estate instead of a full petition.
2. Gather Required Documents
- Original death certificate.
- Original will (if one exists).
- List of assets and their estimated values.
- Names, addresses, and relationship of heirs or beneficiaries.
3. Select and Prepare the Correct Petition
- With a Will: File a Petition for Probate of Will and for Letters Testamentary (see N.J.S.A. 3B:3-2).
- Intestate (No Will): File a Petition for Letters of Administration naming the proposed administrator (see N.J.S.A. 3B:3-4).
- Attach a verified statement of assets, list of next of kin, and any required bond application.
4. File Your Petition With the Surrogate’s Court
Submit the completed petition, supporting documents, and the court filing fee to the Surrogate’s Office in the appropriate county. Fees vary by county but typically range from $50 to $75.
5. Provide Notice
- Notice to Beneficiaries and Heirs: Mail or hand‐deliver copies of the petition to all interested parties before the court hearing.
- Notice to Creditors: Under N.J.S.A. 3B:17-1, you must publish a notice to creditors in a local newspaper or file proof of mailed notice within two months after Letters issue.
6. Court Review and Issuance of Letters
After reviewing your petition and any objections, the Surrogate’s Court will issue Letters Testamentary or Letters of Administration. These letters empower the personal representative to collect assets, pay debts, and distribute property according to law.
Helpful Hints
- Contact the Surrogate’s Office in advance to request local forms and fee schedules.
- Verify the small‐estate threshold regularly; law changes can adjust the limit.
- Keep detailed records of notices sent and published, as the court will inspect proof of notice.
- Consider a bond waiver if beneficiaries agree; it can reduce cost and delay.
- Ask the court clerk about expedited procedures for urgent creditor claims or real property sales.