Detailed Answer — step‑by‑step guide for New Jersey executors

1. Confirm authority to act (open probate and get letters)

Before selling estate property you must have legal authority to manage and dispose of estate assets. In New Jersey that authority usually comes from the Surrogate’s Court in the county where the decedent lived. If there is a will, the named executor files for probate and asks the Surrogate to issue letters testamentary. If there is no will, an administrator is appointed and receives letters of administration. Contact your county Surrogate to start the probate case; general information is available on the New Jersey Courts website: https://www.njcourts.gov/selfhelp/surrogates.html.

2. Inventory the estate and value the real property

Prepare an inventory of all estate assets and liabilities. For real property you should obtain a current appraisal or a broker’s market valuation so you know the fair market value and can present that information to the court, to creditors, and to prospective buyers. File required inventories with the Surrogate or follow local court directions.

3. Identify debts, liens, mortgages and funeral/administration expenses

List known creditors, outstanding mortgage(s), tax liens, and mechanic’s liens. Prioritize secured claims (mortgages and liens) because they attach to the property. You must pay or provide for liens at closing or sell subject to them with buyer consent. Also reserve funds for income, estate, and inheritance taxes if applicable.

4. Give required notices to creditors and interested parties

New Jersey procedure requires notice to creditors and interested persons so claims can be filed. The Surrogate’s office will explain required notices and filing deadlines for creditor claims. Follow the Surrogate’s directions for mailing or publishing notices and for handling claims once they arrive.

5. Check the will for express authority to sell real estate

Many wills include language that authorizes the executor to sell property without further court approval. If the will grants clear authorization and you have letters testamentary, you may be able to sell without an extra court order, though local practice can vary. If the will is silent or ambiguous, or if beneficiaries object, you will likely need a court order authorizing sale.

6. If required, obtain court approval to sell (petition for authority)

If the will does not expressly authorize sale, if the estate is being administered informally and the Surrogate requires further permission, or if a creditor or beneficiary objects, file the necessary petition with the Surrogate’s Court (or the Superior Court if required) to obtain an order allowing the sale. The court may require notice to interested parties, evidence of value, and a justification for the sale (for example, to pay debts).

7. Market the property and execute a valid contract

Once you have authority (letters and, if necessary, a court order), market the property like any seller: hire a real estate agent, disclose any material facts required by law, accept an offer, and enter an executor’s contract. Confirm that the contract and the closing documents clearly identify you as the estate’s personal representative. The buyer will want proof of your authority (letters testamentary or a court order) before closing.

8. Handle closing, liens and pay debts from sale proceeds

At closing you will sign an executor’s deed or administrator’s deed transferring title to the buyer. Use sale proceeds first to pay closing costs, secured debts (mortgages, liens), valid creditor claims, funeral and administration expenses, and taxes. Keep meticulous records. If there are more claims or disputes, the court may direct how to distribute funds (for example, by requiring you to deposit money into the estate account or obtain final discharge).

9. Account to the court and obtain discharge

Prepare and file an accounting with the Surrogate (or follow court instructions) showing receipts, disbursements, creditor payments, and final distributions. After the court approves your accounting and you satisfy claims, you can get a final discharge and close the estate.

Key New Jersey sources and contacts

• New Jersey Courts — Surrogate’s Court information and local contacts: https://www.njcourts.gov/selfhelp/surrogates.html
• New Jersey Legislature — main statutes and search (to locate Title 3B statutes that govern estates and fiduciaries): https://www.njleg.state.nj.us/

Note: New Jersey practice varies by county and by case complexity. Some sales (for example, sales of a decedent’s primary residence when a surviving spouse or minor children are involved) may trigger specific allowances and protections under state law. Consult the Surrogate’s office for local filing rules and whether you must seek Superior Court involvement for sale confirmation.

When you should get an attorney

Consider hiring a New Jersey probate or estate attorney if any of the following apply:

• Beneficiaries or creditors contest the sale or the will
• There are complex title problems, unknown liens, or potential environmental issues with the property
• There are tax consequences (estate tax, capital gains or income tax issues)
• The estate lacks sufficient cash to preserve property while debts are resolved
• You are unfamiliar with New Jersey probate forms and court procedures

Helpful Hints

• Open the probate case promptly. You cannot bind creditors or transfer property lawfully without authority.
• Get at least one professional appraisal of real estate value before you list the property.
• Keep one escrow or estate bank account for all estate receipts and disbursements. Do not mix estate funds with personal funds.
• Document every creditor interaction and every payment. Save closing statements, lien searches, and paid invoices.
• Ask the title company to run a full title search early. Clearing title issues before marketing saves time and costs.
• If you sell to a related party, expect heightened scrutiny by beneficiaries and possibly the court; get independent appraisals or court approval to avoid later challenges.
• When in doubt, request a court order authorizing the sale. A clear court order reduces personal liability for the personal representative.
• Remember potential exemptions: New Jersey law provides certain family allowances and exemptions for surviving spouses and minor children. Check with the Surrogate’s office about how those might affect available funds.