How to Be Appointed Administrator of a Parent’s Estate in New Jersey (Intestate)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to be Appointed Administrator of a Parent’s Estate in New Jersey When They Die Without a Will

Short answer: If your father died without a will (intestate) you can seek appointment as the estate’s administrator by filing a petition in the Surrogate’s Court for the county where your father lived. The Surrogate will follow New Jersey rules that prioritize who gets appointed, require certain documents, and usually issue “letters of administration” that give you legal authority to collect assets, pay debts, and distribute property under New Jersey intestacy law.

Disclaimer: This is general information and not legal advice. For guidance tailored to your situation, consult a licensed New Jersey attorney or your county Surrogate’s office.

Detailed answer — step-by-step under New Jersey law

  1. Confirm intestacy and identify the proper Surrogate’s Court

    “Intestate” means the decedent died without a valid will. The Surrogate’s Court in the county where your father was domiciled (his primary residence) handles appointment of administrators and probate. Find general Surrogate information at the New Jersey Courts site: https://www.njcourts.gov/courts/surrogates.

  2. Determine who has priority for appointment

    New Jersey gives priority to certain people to act as personal representative (administrator). Typical priority order is: surviving spouse, adult children (or majority of adult children acting together), grandchildren (by representation), parents, siblings, and next of kin. If multiple people of the same priority class seek appointment, the Surrogate decides who should be appointed or may require the parties to agree among themselves.

  3. Gather required documents and information

    The Surrogate will require:

    • Certified copy of the death certificate.
    • Names, addresses, and relationships of heirs and next of kin.
    • Estimated value and location of assets (bank accounts, real estate, vehicles, retirement accounts, life insurance, personal property).
    • Any creditor information you know of.

    Some counties provide packet lists and forms on the Surrogate’s web pages. Contact the county Surrogate for specific local procedures and forms.

  4. File the petition for letters of administration

    You (or an attorney) will file a petition or application with the Surrogate asking for letters of administration. The petition asks for the Surrogate to appoint you as the estate administrator and grant authority to act on behalf of the estate.

    The Surrogate’s Office will review the petition, confirm the death certificate, and check whether anyone else objects or has priority. Expect a filing fee and instructions about required notices to heirs and creditors.

  5. Bond, renunciations, and waivers

    The court may require an administrator’s bond (insurance guaranteeing faithful performance). Heirs can sometimes sign waivers or consents to reduce or eliminate the bond requirement. The Surrogate will explain whether a bond is necessary in your case and whether heirs’ written renunciations or consents are acceptable.

  6. Issuance of letters and beginning administration

    If the Surrogate approves your petition, the court issues letters of administration (sometimes called “letters of administration” or “letters of administration ad intestatam”). These are official documents that prove your authority to:

    • Collect estate assets (bank accounts, paychecks, etc.).
    • Protect and manage property, including real estate as needed.
    • Notify and pay legitimate creditors and file any required tax returns.
    • Distribute assets to heirs according to New Jersey’s intestacy rules.
  7. Fulfill administration duties and follow New Jersey intestacy rules

    As administrator you must act in the estate’s and heirs’ best interests. Typical duties include:

    • Inventory and value assets.
    • Provide notice to creditors and pay valid debts from estate funds.
    • File estate tax and final income tax returns (if applicable).
    • Distribute remaining assets to heirs under New Jersey intestate succession rules.

    Intestacy distribution depends on who survives the decedent (spouse, children, parents, siblings). For official guidance on probate and intestate succession generally, see the New Jersey Courts resource page: https://www.njcourts.gov/public/legal-resources/wills-estates-fiduciary.

  8. What if someone objects or multiple people want to be administrator?

    If more than one qualified person seeks appointment, or an heir objects, the Surrogate resolves the dispute. The Surrogate may hold a hearing, accept written submissions, or direct the parties to negotiate. In contested or complex cases, people commonly hire attorneys to represent their interests.

Practical timeline: Simple administrations where heirs agree and assets are straightforward can move quickly (a few weeks to a few months). Larger or contested estates will take longer. The Surrogate can provide estimated local timelines.

Where to get forms and county-specific instructions: Visit your county Surrogate’s web page (links are available from the statewide Surrogate directory at https://www.njcourts.gov/courts/surrogates). Many counties publish step-by-step guides, packet forms, and fee schedules.

Helpful Hints

  • Contact the county Surrogate first to get the exact filing packet, fee schedule, and local rules. Procedures vary by county.
  • Get several certified copies of the death certificate early—banks and other institutions require them.
  • Create a clear inventory of known assets and where documents (titles, account statements, deeds) are located.
  • If you expect disputes (other heirs contesting appointment or distribution), consult a New Jersey probate attorney promptly.
  • Ask heirs to sign written waivers or consents if they agree to your appointment; that can streamline the Surrogate’s approval and may reduce bond requirements.
  • Keep meticulous records and receipts for every estate transaction. You will need to account to heirs and the Surrogate.
  • Don’t distribute estate assets until you have formal authority (letters of administration) and until creditors’ claims and taxes are addressed.
  • If the estate is small or mostly bank accounts, the county may have simplified procedures—ask the Surrogate whether a simplified procedure applies.
  • Look for free or low-cost legal resources if you cannot afford a private attorney: county bar associations, legal aid organizations, and court self-help centers can help with forms and basic guidance.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.