How to Open Probate for a Decedent’s Estate in New Jersey

Disclaimer: This article provides general legal information and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.

Detailed Answer

In New Jersey, probate refers to the legal process that validates a decedent’s will or, if no will exists, appoints an administrator to handle the estate. An “interested party”—such as a beneficiary, heir, or potential creditor—may petition the Surrogate’s Court in the county where the decedent lived at death. Below are the key steps:

1. Determine the Appropriate Petition

• If the decedent left a valid will, file a Petition for Probate of Will (N.J. Stat. §3B:3-2: https://www.njleg.state.nj.us/2022/Bills/statutes/3B/3B-3-2.htm).
• If the decedent died intestate (without a will), file a Petition for Letters of Administration (N.J. Stat. §3B:3-5: https://www.njleg.state.nj.us/2022/Bills/statutes/3B/3B-3-5.htm).

2. Prepare and File the Petition

• Obtain petition forms from the county surrogate’s office or the state website (NJ Surrogate Division).
• Complete the petition, listing the decedent’s assets, heirs, and beneficiaries.
• Attach the original will (if any) and a certified copy of the decedent’s death certificate.
• Pay the filing fee. Fees vary by county; check the surrogate’s fee schedule.

3. Notice Requirements

• Publish a Notice of Probate or Administration in a local newspaper within 10 days of filing (N.J. Stat. §3B:18-2).
• Mail notice to known creditors and potential heirs as directed by the surrogate.

4. Court Hearing and Issuance of Letters

• The surrogate’s court may schedule a hearing. At the hearing, the court reviews the petition and any objections.
• If approved, the court issues Letters Testamentary (if a will exists) or Letters of Administration (if none). These letters grant authority to collect assets, pay debts, and distribute property.

5. Post-Probate Tasks

• Inventory and appraise estate assets.
• Settle debts and taxes.
• File a final accounting with the court.
• Distribute remaining assets to heirs or beneficiaries.

Helpful Hints

• Confirm the decedent’s primary residence to locate the correct county surrogate.
• Keep detailed records of all notices, filings, and expenses.
• Watch the deadline for creditor claims (generally within two years).
• Consider hiring a probate attorney if the estate is complex or contested.
• Review New Jersey probate fees in advance to budget accordingly.