How to secure and inventory a house and prevent siblings from taking belongings before you are appointed Administrator (New Jersey)

Short answer: Act quickly but carefully. Preserve the scene, document everything (photos, videos, written logs), lock or otherwise secure the property, notify the police if theft or threats occur, and petition the county Surrogate’s Court for Letters of Administration or an emergency order if assets are at risk. Do not distribute estate property until you are legally appointed. This article explains practical steps under New Jersey procedure and points you to the Surrogate’s Court and relevant state resources.

Disclaimer: This is educational information, not legal advice. Consult a licensed New Jersey attorney or your local Surrogate’s office about your specific situation.

Detailed answer — what you need to know and do now

1. Understand the legal baseline in New Jersey

Under New Jersey probate procedure, a personal representative (executor or administrator) has legal authority to collect, preserve, and distribute a decedent’s assets. Until a court issues Letters of Administration or Letters Testamentary, no one has formal authority to distribute estate assets. If someone takes property before an appointment, they may be civilly or criminally liable.

For general information about probate and the Surrogate’s Court system in New Jersey, see the New Jersey Courts information on probate and surrogates: https://www.njcourts.gov/ and for statutory law on estates and fiduciaries consult the New Jersey Legislature site (search Title 3B – Estates and Fiduciaries): https://www.njleg.state.nj.us/statutes

2. Immediate steps at the property (first 24–72 hours)

• Do not throw anything away or distribute property. Even well-meaning transfers can complicate probate and may create liability.
• Secure the exterior — lock doors and windows if you can do so without force. If others are present and hostile, call the police for assistance to prevent theft and to create an official incident record.
• Document the condition of the house — take time-stamped photos and videos of every room, doors, windows, safes, and obvious valuables. Photograph any items that are missing or that others are attempting to remove.
• Create an inventory log — do a room-by-room list with approximate descriptions and estimated values for major items (electronics, jewelry, art, firearms, vehicles, collectibles). Even a preliminary list is helpful later.
• Collect important papers — locate the decedent’s will (if any), keys, safe-deposit box information, deeds, bank statements, insurance policies, recent tax returns. Put documents in a secure, separate folder you control. Do not destroy or alter documents.
• Secure small, high-value items — if you can safely remove easily transportable valuables (jewelry, small heirlooms) to a locked safe or your home temporarily, do so only if you can account for them and later produce them to the appointed representative. If siblings object, avoid unilateral removals that appear like taking estate property.

3. If family members are removing property or there is a real risk of loss

• Call the police immediately if people are actively removing property without consent. Report suspected theft; obtain a police report number. Criminal involvement (theft or breaking and entering) can justify rapid intervention.
• Ask for an inventory or joint supervision — if siblings insist on accessing the house, propose supervised removal with an agreed list and witnesses. Use neutral third parties (friends, a locksmith, or a neutral county official) if possible.
• Document names and actions — write down who removed what, when, and where it was taken. Use witnesses and have them sign a short statement.

4. Contact the Surrogate’s Court and consider filing for appointment

To obtain legal authority over the estate, promptly file a petition with the Surrogate’s Court in the county where the decedent lived to be appointed administrator (or to probate a will, if one exists). The Surrogate issues Letters of Administration/Testamentary that give you clear legal authority to control estate property and to prevent improper removals.

County Surrogates process probate matters; start by contacting your county Surrogate’s office or visiting the New Jersey Courts site for Surrogate information: https://www.njcourts.gov/

If assets are in immediate danger, you can request expedited relief from the Surrogate or seek temporary relief in the Superior Court (for example, appointment of a temporary administrator or a receiver). Tell the court about active removal or destruction of property — courts can act quickly when estate assets are endangered.

5. Evidence you should bring to the Surrogate’s office or attorney

• Decedent’s will or statement that no will exists.
• Death certificate (or the filing receipt) if available.
• Photographs and videos documenting the property condition and any removals.
• Copies of the inventory you created and any witness statements.
• Contact information for persons removing property and any police report numbers.

6. Practical and safe ways to physically secure belongings

• Change exterior locks only if you have lawful access and can explain the reason to family (e.g., to prevent theft). Keep a key log and provide copies to the court when appointed.
• Use tamper-evident seals on boxes or doors to show whether items have been disturbed.
• For very valuable items, consider placing them in a bank safe deposit box or a bonded storage facility — most banks will require Letters of Administration (or a court order) to release items, so discuss with your attorney or the bank first.
• Station a trusted neutral person at the property if immediate temporary monitoring is needed (avoid confrontations).

7. If siblings disagree — legal remedies available

• Court appointment: Seek Letters of Administration quickly so the court-appointed administrator can control estate property.
• Temporary emergency orders: Ask the Surrogate or Superior Court for a temporary administrator or receiver if property is at risk of loss.
• Civil claims: After appointment, a personal representative can sue to recover wrongfully removed property or seek an accounting.
• Criminal complaints: If theft occurred, the police or prosecutor may pursue criminal charges.

Helpful Hints

• Keep the tone calm and document interactions — hostility makes courts less sympathetic to unilateral actions.
• Do not alter major fixtures or remove property that is clearly part of the home’s structure (fixtures generally stay with the house).
• Label all photographs with date, time, and a brief description; store duplicates in cloud storage or email them to yourself for timestamped proof.
• Obtain a certified copy of the death certificate early — many institutions require it to release information or allow certain actions.
• Keep a contemporaneous written log of everything you do related to securing the estate — this helps the Surrogate and any later accounting.
• If you anticipate disputes, consult a New Jersey probate attorney quickly — many attorneys will do an initial phone consult that can point you to emergency steps.
• If possible, obtain witness statements (signed and dated) from anyone who saw items being removed or who participated in inventorying.
• Preserve electronic device access information (passwords, cloud accounts) when lawful and relevant — these can contain financial and personal records important to administering the estate.

Where to get help and further reading

• New Jersey Courts main site (Surrogate and probate information): https://www.njcourts.gov/
• New Jersey Legislature — statutes (see Title 3B for Estates and Fiduciaries): https://www.njleg.state.nj.us/statutes
• Your county Surrogate’s office (call or visit the local Surrogate for forms and filing instructions).

If you want, tell me the county so I can point you to the specific Surrogate’s office contact page and any local procedures. If you’d like, I can also provide a short checklist you can print and take to the house.