Detailed Answer
When someone passes away in New Jersey, the personal representative (executor or administrator) must gather key documents to open the probate estate and distribute assets. Collecting these materials early speeds up court filings and helps avoid delays.
1. Certified Death Certificate
Obtain several certified copies of the decedent’s death certificate from the local registrar or the New Jersey Department of Health. You’ll need at least one for each financial institution holding assets. (See NJ Dept. of Health: Vital Records – Death Certificates.)
2. Original Last Will and Any Codicils
Locate the decedent’s original will and any codicils. If the will names an executor, file it with a probate petition in the county Surrogate’s Court. New Jersey’s probate rules are in N.J.S.A. 3B:3-15 et seq. (N.J.S.A. 3B:3-15).
3. Letters of Administration (If No Will)
If there’s no will, the next of kin applies for letters of administration. The court appoints an administrator under N.J.S.A. 3B:7-1 et seq. (N.J.S.A. 3B:7-1).
4. Asset Documentation
- Bank and Brokerage Statements: Recent statements showing account numbers, balances, and payee information.
- Real Estate Deeds and Mortgage Statements: Recorded deeds, property tax bills, mortgage ledgers.
- Vehicle Titles: Car, boat, or RV titles held by MVC or county clerk.
5. Beneficiary Designation Forms
Collect life insurance policies, retirement account statements (IRAs, 401(k)s), annuity contracts, and transfer-on-death deeds. These pass outside probate but must be notified.
6. Tax Records and Identification
- Last federal and state income tax returns for the decedent.
- Social Security number and proof of taxpayer identification.
7. Debts and Creditors Info
Gather final bills, loan agreements, credit card statements, and any pre-need funeral contracts. You’ll need these to notify creditors and publish required notices under N.J.S.A. 3B:19-9 (Creditor Notice Requirements).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified New Jersey attorney to address your specific situation.
Helpful Hints
- Start with the death certificate—order extra copies at once.
- Keep originals in a secure folder; send only certified copies to institutions.
- Check the Surrogate’s Court website for local probate forms (NJCourts.gov Probate Forms).
- Create a simple inventory spreadsheet listing assets, their location, and documentation status.
- Work with an accountant early to identify tax filing deadlines and potential estate tax returns.
- Notify Social Security and pension administrators of the death to stop payments.
- Keep detailed records of all communications, filings, and expenses—these become part of the estate account.