Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
In New Jersey, when a person dies without a will (intestate), the Surrogate’s Court appoints an administrator to manage the estate. A potential heir—such as a relative entitled under the intestacy rules—can petition to be appointed if no one with higher priority files first.
1. Eligibility and Priority
New Jersey law (N.J.S.A. 3B:7-35) allows any qualified adult resident to serve as an administrator. The order of priority follows the intestacy distribution rules outlined in N.J.S.A. 3B:5-4:
- Spouse
- Children (issue)
- Parents
- Siblings
- Other Next of Kin
If no one with superior right petitions within the statutory notice period, a lower-ranking heir may file.
2. Filing a Petition
The prospective administrator must file a verified petition with the county Surrogate’s Court under N.J.S.A. 3B:7-36. The petition typically includes:
- Certified death certificate
- List of heirs and their addresses
- Statement of estate assets and liabilities
- Proposed bond (if required)
3. Notice and Objections
The court will order notice to interested parties and publication in a local newspaper. Any heir or creditor may object within the time frame specified by the court. If no timely objection arises, the court proceeds with the appointment.
4. Bond and Letters of Administration
Under N.J.S.A. 3B:7-37, the Surrogate’s Court typically requires a surety bond equal to the estate’s value. Certain heirs (e.g., surviving spouse for small estates) may qualify for a bond waiver. Once the bond is filed, the court issues Letters of Administration, granting authority to collect assets, pay debts, and distribute property according to N.J.S.A. 3B:5-1 et seq..
Helpful Hints
- Confirm the priority deadline: New Jersey courts set a deadline for higher-priority heirs to file.
- Prepare documentation: Gather the death certificate, asset statements, and family records before filing.
- Review bond options: Small estates may qualify for bond exemptions—ask the Surrogate’s Court clerk.
- Check local court rules: Each county’s Surrogate’s Court may have specific form requirements.
- Consult a probate attorney: Complex estates or disputes often benefit from professional guidance.