Detailed Answer

Short answer: Yes—you can become the personal representative (sometimes called executor or administrator) of your sister’s estate in New Jersey if certain conditions are met. Whether you will be appointed depends on whether she left a valid will, whether someone else is named, the court’s priority rules for intestate cases, and whether you meet the legal qualifications. This article explains how the process works and what steps you would take.

What the law says (where to look)

New Jersey law that governs appointment of personal representatives is found in the New Jersey statutes on estates and fiduciaries (Title 3B). For the exact statutory language and related rules, see the New Jersey Legislature website (search Title 3B) at https://www.njleg.state.nj.us/ and the New Jersey Courts’ information on estates and probate at https://www.njcourts.gov/. These pages explain the statutes and list required forms and procedures.

If your sister left a valid will

When there is a valid will, the person named in the will as executor (or personal representative) generally has first priority to serve. The named executor must file the will with the appropriate Surrogate’s Court (county-level probate court) and petition to be appointed. The court will confirm the will and issue Letters Testamentary (or equivalent) to the appointed representative unless there is a problem (for example, the named person is ineligible or declines).

What if you are named in the will?

If your sister named you as her personal representative, you generally can be appointed by filing the will and the petition with the Surrogate’s Court in the county where your sister lived at death. You will sign an oath and may need to post a bond unless the will waives bond. The Surrogate’s office will provide required forms and notice rules.

If your sister did not leave a will (intestate)

If there is no will, the Surrogate’s Court appoints an administrator according to statutory priority (next-of-kin rules). Close family members normally have priority—commonly the surviving spouse, adult children, parents, or other relatives. Siblings can be appointed, but only after higher-priority relatives are either not available or decline to serve. The court will review petitions and may appoint an administrator who the court finds appropriate.

Qualifications and potential disqualifications

• Age and capacity: You must be an adult with legal capacity to perform fiduciary duties.
• Criminal history: Certain criminal convictions (depending on the nature of the offense) or ongoing incapacity may disqualify a person from serving. The court has discretion to deny appointment for cause.
• Conflicts of interest: If you have a conflict that would prevent you from performing unbiased duties, the court may refuse or require special conditions (bond, co-representative, or oversight).

How to seek appointment (step-by-step)

1. Locate the will (if any) and the Surrogate’s office in the county where your sister lived.
2. If there is a will that names you, file the original will with the Surrogate and a petition for appointment. If there is no will, file a petition stating your relationship and asking to be appointed as administrator.
3. Serve required notices to beneficiaries and next-of-kin as required by the Surrogate’s rules.
4. Sign any required oath and post a surety bond if the court orders one (some wills waive bond).
5. Once appointed, the court issues Letters Testamentary or Letters of Administration. These documents allow you to act on behalf of the estate (collect assets, pay bills and taxes, sell property if necessary, and distribute assets).

Key duties after appointment

As the personal representative you will be responsible for:

• Identifying and securing estate assets.
• Notifying creditors and paying valid debts and final expenses.
• Filing inventory and estate tax returns if required.
• Communicating with beneficiaries and providing required accountings to the court.
• Distributing remaining assets according to the will or New Jersey intestacy rules.

When the court may refuse or limit your appointment

The Surrogate may refuse to appoint you if:

• You are legally ineligible (e.g., minor or disqualifying conviction).
• There is a dispute between competing applicants with a higher priority.
• The court finds a conflict of interest, incapacity, or misconduct that would harm the estate or beneficiaries.

Costs, timing, and practical considerations

Probate timing varies by county and case complexity. Simple estates can be opened and closed in a few months; complex estates (real estate, litigation, tax issues) can take a year or more. Expect filing fees, possible bond premiums, costs for publishing notice to creditors, accounting fees, and attorney fees if you hire counsel. If beneficiaries agree, some tasks can be streamlined (informal probate procedures exist in many counties).

Where to find forms and local rules

Use the New Jersey Courts website for local Surrogate office contacts and court forms. The Surrogate’s office in the county where your sister lived will provide filing requirements and local procedures. See the New Jersey Courts site for estate and probate information at https://www.njcourts.gov/ and search the New Jersey Legislature website for Title 3B statutes at https://www.njleg.state.nj.us/.

When to talk to an attorney

Consider hiring an attorney if the estate contains real estate in multiple states, significant debts, tax issues, disputes among heirs, an unclear or contested will, or if you want help with complex filings and accountings. An attorney can represent you or advise you on your obligations and exposure as a fiduciary.

Disclaimer: This is general information only and not legal advice. Laws change and each situation is different. For advice about your specific facts, consult a licensed New Jersey attorney or your local Surrogate’s office.

Helpful Hints

• Find the original will (if any) quickly. The original will usually must be filed with the Surrogate’s Court.
• Contact the county Surrogate’s office early—each county has its own forms and procedures.
• Gather basic documents before filing: death certificate, list of assets and creditors, and ID for yourself.
• If you are named executor but prefer not to serve, you can decline; the court will appoint another person.
• Be prepared to post a bond unless the will waives it or the court excuses it.
• Keep careful records and receipts—as personal representative you must account for estate activity.
• If other relatives want to serve, discuss priorities and possible compromises early to avoid contested hearings.
• Use free resources at the Surrogate’s office and the New Jersey Courts website for local guidance and forms.