Detailed Answer — How a next of kin qualifies to be appointed administrator under New Jersey law

This answer explains, in plain language, how a next of kin can become the court-appointed administrator (often called a “personal representative” or “administrator”) of a deceased person’s estate in New Jersey when there is no valid will or when the will does not name a personal representative.

1. Who has priority to be appointed?

When someone dies without a will (intestate) or the named representative is unable or unwilling to serve, New Jersey courts follow a priority order among relatives to decide who may be appointed. The court favors close family members who are willing and able to act. Typical priority order (simplified):

• Spouse (surviving husband or wife)
• Adult children or their descendants (lineal descendants)
• Parents
• Siblings
• More remote relatives (grandparents, aunts/uncles, cousins)

The exact order and rules are set out in New Jersey probate law (Title 3B of the New Jersey Statutes Annotated). For the official code, see the New Jersey Legislature website: New Jersey Legislature (Title 3B — Administration of Estates).

2. Basic qualifications to serve

To qualify to serve as administrator in New Jersey, a prospective administrator generally must:

• Be legally competent (able to take the oath and manage estate affairs).
• Be an adult (a capacity/age requirement applies; minors cannot serve without a guardian).
• Not be disqualified by law (for example, certain felony convictions or conflicts may bar appointment in some cases).
• Be willing to act and to submit to the court’s supervision, accounting requirements, and any bond or fiduciary duties the court requires.

3. Steps to get appointed as administrator

Typical steps you (as next of kin) will follow in New Jersey:

1. Find out whether the decedent left a valid will. If a will names an executor, that person has priority unless they cannot or will not serve.
2. If no valid executor exists, determine your relationship to the decedent and whether you fall within the priority order of heirs.
3. File a petition for letters of administration at the Surrogate’s Court in the county where the decedent lived. The Surrogate’s Court handles probate and estate administration in New Jersey. See your county surrogate information at the New Jersey Courts site: NJ Courts — Surrogates.
4. Provide required documents: the decedent’s death certificate; written information about heirs; a proposed inventory of assets (as requested); and any petition forms the county requires.
5. Notify interested parties. The Surrogate may require that heirs or other interested persons receive notice and have an opportunity to object.
6. If no one objects and you qualify, the court will issue Letters of Administration or similar “letters” that authorize you to act for the estate (collect assets, pay bills, and distribute property under New Jersey law).

4. Bonds, waivers, and objections

The Surrogate’s Court may require an estate bond (a type of insurance to protect estate creditors and heirs) unless the court waives the bond. Family members or the decedent’s will can sometimes waive the bond requirement. If a higher-priority relative objects to your appointment, the court will resolve the dispute and appoint the person it finds most appropriate.

5. What the administrator must do after appointment

Once appointed and issued letters, the administrator must act in the estate’s best interest: collect assets, inventory and value them, pay valid debts and taxes, file required court accountings, and distribute remaining assets to heirs according to New Jersey intestacy rules. The administrator owes fiduciary duties and can be removed by the court for misconduct or failure to perform.

6. Where to find the exact rules in New Jersey law

New Jersey’s probate and estate-administration statutes appear in Title 3B of the New Jersey Statutes Annotated and related court rules. For statutory language and updates, consult the New Jersey Legislature website: https://www.njleg.state.nj.us/. For practical filing steps and local forms, consult your county Surrogate’s Court page on the New Jersey Courts website: https://www.njcourts.gov/courts/surrogates.html.

Helpful Hints

• Start by locating the death certificate and any will. If a will exists, it may name the executor and change the process.
• Contact the county Surrogate’s Office where the decedent lived early — they publish local filing requirements and forms.
• Gather proof of your relationship to the decedent (birth certificates, marriage certificates) before filing.
• If multiple next-of-kin want to serve, try to agree on who will be administrator to avoid court disputes and delay.
• Be prepared to post a bond if the court requires it. A bond protects heirs and creditors and can often be secured through an insurance company.
• Keep detailed records and receipts — administrators must account for funds and transactions and may need to file inventories or accountings with the court.
• If any heir objects, the court will hold a hearing and decide based on statutory priority, the parties’ fitness, and the best interest of the estate.
• When in doubt, consult a probate attorney or the Surrogate’s Office. An attorney can help prepare the petition, respond to objections, and guide you through tax and creditor claims.