Detailed Answer
In New Jersey, opening an estate and serving as personal representative (sometimes called executor or administrator) follows strict priority rules. The Surrogate’s Court oversees probate matters in each county.
1. Determine if a will exists. If the decedent left a valid will naming an executor, the court usually honors that choice unless the named executor declines or is unqualified. Under N.J.S.A. 3B:13-2, the court issues Letters Testamentary to that person. If no will exists, the estate is “intestate” and the court appoints an administrator under N.J.S.A. 3B:8-11.
2. Review priority for appointment. As a mother-in-law, you fall into the “other heirs” category. Priority runs:
• Surviving spouse
• Children and their descendants
• Parents of the decedent
• Siblings and descendants of siblings
• Other next of kin, including in-laws and more remote relatives under N.J.S.A. 3B:8-11 (N.J.S.A. 3B:8-11).
If higher-priority heirs are alive and willing, they will receive appointment before you.
3. File a probate petition. To open the estate, submit a Verified Complaint or Petition for Probate (if there’s a will) or for Administration (if intestate) to the Surrogate’s Court in the county where the decedent lived. Include:
• Death certificate
• Original will (if any)
• List of heirs and their addresses
• Value of assets
• Bond payment (if required)
4. Bond and notices. The court may require a fiduciary bond to protect estate assets. You’ll post this bond or request waiver if the will permits. The court issues notices to creditors and heirs, giving them time to object.
5. Court appointment and duties. Once appointed, you receive Letters of Administration or Letters Testamentary. You must gather assets, pay debts and taxes, account to heirs, and distribute remaining property per the will or intestacy laws. Keep clear records and meet court deadlines.
Key Takeaway: As a mother-in-law, you may serve only if no spouse, child, parent, or sibling qualifies or accepts appointment under N.J.S.A. 3B:8-11. Always check for a valid will and consult the local Surrogate’s Court rules.
Helpful Hints
- Verify whether the decedent left a will before assuming intestacy rules apply.
- Contact the county Surrogate’s Court early to obtain required forms and fee schedules.
- List all potential heirs to ensure proper notice and avoid delays.
- Consider whether a bond waiver applies (often allowed if beneficiaries agree).
- Keep careful records of all estate transactions to simplify final accounting.
- Consult a probate attorney if multiple heirs contest or if the estate involves complex assets.
Disclaimer: This article provides general information about New Jersey estate administration. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.