Detailed Answer
Short answer: Under New Jersey law, probate normally starts where the person was legally domiciled at the time of death. If the decedent owned real property or certain assets located in another state, that other state may require a separate (ancillary) administration there. Whether you open the main probate in New Jersey depends on where the decedent was domiciled when they died and where the decedent’s assets are located.
How New Jersey determines where to open probate
Court jurisdiction for probate turns mainly on domicile (the decedent’s permanent legal home), not on place of death or temporary residence. New Jersey’s probate procedures and estate administration sit within Title 3B of the New Jersey statutes. You can review the statewide probate statutes here: N.J. Statutes, Title 3B (Probate, Trusts and Estates).
If the decedent was domiciled in New Jersey when they died, you would open probate in New Jersey. If the decedent was domiciled somewhere else, New Jersey generally will not be the primary probate forum unless the decedent owned real property or other assets located in New Jersey.
When ancillary probate is needed
If the decedent’s domicile is in State A but the decedent owned real estate or certain tangible property located in State B, State B may require an additional (ancillary) probate or ancillary administration to transfer title to those in-state assets. New Jersey courts also handle ancillary administration for out-of-state decedents who own New Jersey real estate or other assets subject to New Jersey jurisdiction. For an overview of New Jersey probate procedures and how out-of-state assets are handled, see the New Jersey Courts probate self-help resources: NJ Courts — Probate & Estate Administration.
Key facts that decide where to open the main probate case
- Where the decedent was domiciled (their permanent home) at death.
- Where the decedent’s assets are located — in particular, real estate usually follows the law of the state where the property sits.
- Whether a valid will names a personal representative and whether that person can qualify in a given state.
- Whether the estate is small enough to qualify for simplified or summary administration under the applicable state’s rules.
Practical application — common scenarios
– If the decedent’s permanent home (domicile) was in New Jersey at death, open the primary probate in New Jersey.
– If the decedent’s domicile was in another state, open probate there as the primary estate, and open an ancillary proceeding in New Jersey only for any New Jersey real property or other assets that require local court action.
– If the decedent died outside their domicile but was still domiciled in New Jersey (for example they were traveling or hospitalized elsewhere), New Jersey remains the proper primary probate forum.
Steps to follow right away
- Confirm domicile facts: where the decedent lived, where they voted, where they filed taxes, where their primary home was, and where driver’s license and other ties were maintained.
- Locate the will and any estate planning documents (powers of attorney, trusts). A will typically names the personal representative for probate.
- Inventory assets and note location of major items (real estate, bank accounts, investment accounts, vehicles).
- Talk to a probate attorney in the state you believe is the decedent’s domicile (here: New Jersey) about whether to open probate there and whether ancillary probate will be needed elsewhere for out-of-state property.
- If property sits outside the domicile state, consult an attorney in the state where that property is located to confirm whether ancillary probate or local filings are required.
How long and how much
Time and cost vary. Simple, uncontested New Jersey probates can take a few months; complex estates and ancillary proceedings take longer. Fees depend on attorney rates, court costs, and estate complexity. New Jersey has statutory rules and local court procedures that affect timing and cost; see the NJ Courts probate resources for more detail: NJ Courts — Probate & Estate Administration.
Disclaimer: This article explains general principles under New Jersey law and is for education only. It is not legal advice. For advice about your situation, contact a licensed New Jersey attorney who handles probate and estate matters.
Helpful Hints
- Document domicile: collect proof (lease or deed, tax returns, voter registration, mail, driver’s license) to show where the decedent was domiciled.
- Search for a will immediately; the named personal representative usually should open probate where the decedent was domiciled.
- Identify real estate location early — property usually needs local court action in the state where it sits.
- Check small-estate or summary procedures — some states (including New Jersey in some limited situations) allow simplified transfers for small estates that can avoid full probate.
- Notify banks and institutions but avoid transferring or closing accounts without court authorization or attorney guidance — mistakes can create liability.
- Expect ancillary probate when assets cross state lines; planning ahead can reduce duplicate work and costs.
- When in doubt, consult a New Jersey probate attorney to confirm whether New Jersey is the proper place to open the main probate and whether you must also proceed in other jurisdictions for out-of-state assets.