Detailed Answer — Overview and step-by-step guide

When a person dies without a will (intestate) in New Jersey, the Surrogate’s Court in the county where the decedent lived handles the estate. The court appoints a personal representative (often called an administrator or administrator d.b.n. when there is no will) to gather assets, pay debts, and distribute property to heirs under New Jersey law. The process is generally straightforward if the family agrees, but it can be contested if multiple people claim priority.

1. Who has priority to be appointed?

Priority normally follows the closest next-of-kin. Typical priority order (in plain terms) is:

• Surviving spouse
• Adult children (or their descendants)
• Parents
• Siblings
• More remote relatives (e.g., nieces/nephews, grandparents) if no closer kin exist

If you are your sister’s sibling and there is no surviving spouse, no children, and no surviving parents, you are likely in the line to be appointed. If multiple siblings want appointment, the court may ask the family to agree on one administrator; if they cannot agree, the court will appoint based on statutory priority and considerations of fitness.

2. Where to file

You file an application (petition) for letters of administration with the Surrogate’s Court in the county where your sister lived. New Jersey Surrogate’s Courts provide local filing information and forms; start at the New Jersey Courts Surrogates page: https://www.njcourts.gov/courts/surrogates.html. For general self-help information and common forms, see the Surrogate self-help pages: https://www.njcourts.gov/selfhelp/surrogates.html.

3. Typical documents you must bring or submit

• Original death certificate (or certified copy)
• Completed petition or application for letters of administration (Surrogate’s form or local equivalent)
• Proof of kinship (birth certificates, family records, or other documents that show relationship)
• List of expected heirs and their addresses
• Estimated value of the estate and a list of known assets (bank accounts, real estate, personal property)
• Identification for you (photo ID) and any required filing fees

Some counties provide local checklists and forms. Check the county Surrogate page for exact requirements and fee schedules: https://www.njcourts.gov/courts/surrogates.html.

4. Bond requirement

The court often requires the administrator to post a fiduciary bond to protect the estate from mishandling. The Surrogate may waive the bond if all heirs sign a waiver stating they agree the bond is unnecessary. Discuss bonding with the Surrogate’s office when you file.

5. Notice to heirs and creditors

After appointment, the administrator must notify known heirs and publish notice to creditors as required by New Jersey procedures. The Surrogate’s office will explain required timelines and publication rules.

6. Duties of an administrator

Once appointed, your duties include securing assets, preparing and filing an inventory, paying valid debts and taxes, selling assets if necessary, and distributing the remainder to heirs according to New Jersey intestacy law. You must act in the best interest of the estate and keep accurate records. The Surrogate will set deadlines and require accountings where appropriate.

7. When family members dispute appointment

If another person with equal or higher priority seeks appointment, or if someone objects to your appointment (claiming you are unfit or that someone else has priority), the Surrogate’s Court will hold a hearing. You should be prepared to present evidence of your relationship, your suitability to serve, and any agreements among heirs. If contested, consider getting legal help.

8. Timeframe and costs

Filing and getting appointed can take days to weeks if paperwork is in order. If the matter is contested, it can take longer. Costs include filing fees, the bond premium (if any), publication costs, and possible attorney fees.

9. Example (hypothetical facts)

Hypothetical: Your sister lived in Mercer County, New Jersey, and died without a will. She had no spouse, no children, and no living parents. You are her only surviving sibling and you are an adult. You go to the Mercer County Surrogate’s office, file a petition for letters of administration with a certified death certificate, provide proof of your sibling relationship, and submit the filing fee. The Surrogate reviews the application, confirms there are no closer heirs, requires a bond but accepts written waivers from other siblings (if any). The Surrogate issues letters of administration to you. You then notify creditors and follow the inventory and accounting steps required by the court.

Helpful links and legal resources

• New Jersey Courts — Surrogates (county listing and contact info): https://www.njcourts.gov/courts/surrogates.html
• New Jersey Courts — Surrogate self-help information and forms: https://www.njcourts.gov/selfhelp/surrogates.html
• New Jersey Legislature — main statutes page (search statutes and chapters): https://www.njleg.state.nj.us/statutes (use to locate statutes on estates and fiduciaries under Title 3B)

Helpful Hints

• Contact the Surrogate’s office in the county where your sister lived before you file. County staff can list local forms, fees, and required documents.
• Gather proof of relationship early: birth certificates, family records, and the decedent’s personal records can speed filing.
• Get multiple certified copies of the death certificate — banks and agencies often require them.
• If multiple siblings want to avoid a contested appointment, have everyone sign a simple written agreement naming one person to serve and (if appropriate) waiving the bond. The Surrogate can tell you how to present that waiver.
• Keep detailed records and receipts for every estate transaction. You will need them for the final accounting to the court and to heirs.
• If the estate has significant assets, unresolved creditors, or disputes among heirs, consider consulting a New Jersey attorney experienced in probate.