Detailed Answer
In New Jersey, opening a probate estate requires filing with the Surrogate’s Court under N.J.S.A. Title 3B. Gathering key documents before the decedent’s passing can speed this process. Below are the main categories of information and documents to collect:
1. Personal and Family Information
- Legal full names, Social Security numbers, dates of birth and death.
- Marital status and marriage certificate, if any.
- Names, birth dates and contact information for children and other beneficiaries.
- Funeral wishes or pre-paid funeral contract details.
2. Estate Planning Documents
- Original Last Will and Testament and any codicils (see N.J.S.A. 3B:3-2 on execution of wills: law.justia.com/codes/new-jersey/2013/title-3b/section-3b-3-2/).
- Self-proving affidavit for the will (N.J.S.A. 3B:3-6: law.justia.com/codes/new-jersey/2013/title-3b/section-3b-3-6/).
- Revocable living trust documents, trust amendments and certification of trust.
3. Real and Personal Property Records
- Deeds for all real estate holdings.
- Vehicle titles and registrations.
- Home equity or mortgage statements.
- Safe deposit box location, key and inventory.
4. Financial Accounts and Investment Documentation
- Bank and brokerage account statements, including account numbers.
- Retirement plan statements (IRAs, 401(k)s) and beneficiary designations.
- Stock certificates or mutual fund statements.
5. Insurance Policies and Employee Benefits
- Life insurance policies, annuity contracts and beneficiary information.
- Group life or accidental death policies through employers.
- Pension plan paperwork and contact information for plan administrators.
6. Debts and Liabilities
- Credit card statements, loan or line-of-credit agreements.
- Medical bills and hospital statements.
- Personal loans to or from the decedent.
7. Tax Records
- Federal and State income tax returns for the last three years.
- Property tax bills and proof of payment.
- Gift tax returns, if gifts over annual exclusion were made.
8. Powers of Attorney and Advance Directives
- Durable Power of Attorney for financial decisions.
- Healthcare Power of Attorney and Living Will (advance directive).
By organizing these documents in a secure but accessible place and providing the executor or Surrogate’s office with a clear roadmap, you can reduce delays, avoid duplicate requests for information and lower administrative costs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please consult a qualified attorney in New Jersey to address your specific situation.
Helpful Hints
- Store originals in a fireproof safe or secure digital vault with clear instructions for your executor.
- Maintain a master contact list of advisors: attorney, accountant, financial planner.
- Update beneficiary designations on retirement and insurance accounts after major life events.
- Keep passwords and digital asset access information in a secure, password-protected location.
- Inform your executor or a trusted family member of where all documents are kept.
- Review and revise documents every 2–3 years or after major life changes (marriage, divorce, birth of a child).