Detailed Answer
When a New Jersey resident (for example, Jane Doe) passes away, the Surrogate’s Court must appoint a personal representative—formerly called an executor or administrator—to gather assets, pay debts, and distribute property. New Jersey law (N.J.S.A. 3B:10-1 et seq.) governs eligibility, filing requirements, notice, bond, and issuance of letters.
1. Eligibility and Priority
Under N.J.S.A. 3B:10-1 et seq., the will-named executor has first right. If there’s no will or invalid nomination, next-of-kin—such as a surviving spouse, adult children, or parents—may petition. Petitioners must be 18 or older and of sound mind.
2. Filing Your Petition
File either a Verified Petition for Probate (if there is a will) or a Verified Petition for Letters of Administration (if intestate) at the county Surrogate’s Court where the decedent last resided. Required attachments include:
- Original will (if applicable)
- Certified death certificate
- List of heirs and beneficiaries
- Known creditors’ information
- County filing fee (varies by county)
Forms and local rules: New Jersey Courts Surrogate’s Office.
3. Notice Requirements
Once you file, the court issues notices under N.J.S.A. 3B:8-23. You must:
- Mail written notice to all known heirs and beneficiaries.
- Publish a legal notice in a newspaper of general circulation in the decedent’s county once a week for three consecutive weeks.
4. Bond and Letters
Unless waived by the will (N.J.S.A. 3B:14-1), the court requires a surety bond to protect the estate. After the court reviews your petition, notices, and bond, it issues Letters Testamentary (with will) or Letters of Administration (without will). You may act officially once you receive these letters.
5. Typical Timeline
- Document preparation and filing: 1–2 weeks
- Notice period: 4–6 weeks
- Bond processing and court review: 2–4 weeks
- Total average time: 2–4 months
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Helpful Hints
- Confirm county-specific fees and paperwork with the local Surrogate’s Court.
- Keep certified copies of all filed documents for your records.
- Track creditor claim deadlines to avoid personal liability.
- If the estate includes real property, prepare additional deeds or filings promptly.
- Consider professional advice for complex or high-value estates.