Disclaimer: This information is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney.
Detailed Answer
Including real property in an estate in New Jersey requires several steps to ensure clear title and proper distribution under state law:
- Identify and Gather Property Documentation. Collect all deeds, mortgages, surveys, tax records and title policies. Confirm the decedent’s ownership and the legal description of the property.
- File a Petition for Probate or Administration. Submit the original will (if available) or an intestacy petition with the Surrogate’s Court in the county where the decedent lived. See N.J.S.A. 3B:3-13 link.
- Notify Interested Parties. Serve notice on heirs, beneficiaries, and creditors as required by N.J.S.A. 3B:3-17 link. Proper notice allows time for objections or claims.
- Obtain Letters Testamentary or Letters of Administration. Once the court approves the petition and there are no valid objections, the court issues letters to the executor or administrator. These letters authorize the fiduciary to act on behalf of the estate.
- Prepare an Inventory. Within 90 days, file a detailed inventory of all estate assets, including real property, under N.J.S.A. 3B:18-1 link. Include appraised values and property descriptions.
- Record Court Documents in County Land Records. Record a certified copy of the Letters of Administration or Testamentary with the County Clerk where the property is located. N.J.S.A. 3B:16-1 link governs recording.
- Convey or Transfer Title. The executor or administrator may execute an Administrator’s or Executor’s Deed to transfer property to a beneficiary or purchaser. See N.J.S.A. 46:15-5 link. Ensure all mortgage liens or taxes are satisfied before transfer.
Helpful Hints
- Consult a title company early to uncover liens or defects.
- Keep clear records of all court filings and property documents.
- Track timelines closely: missing a filing deadline can delay probate.
- Consider a professional appraisal to establish fair market value.
- Notify local tax authorities to avoid penalties or tax liens.
This article is intended for general information only and does not create an attorney–client relationship or constitute legal advice. For help with your specific situation, contact a licensed New Jersey attorney.