Disclaimer: This article provides general information about New Jersey probate law and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
New Jersey does not use the terms “common form” and “solemn form” probate. Those labels relate to North Carolina procedures under N.C. Gen. Stat. § 28A-8-1. Instead, New Jersey offers two main probate tracks based on estate size and complexity:
1. Summary Probate (Small Estate Administration)
Under N.J.S.A. 3B:11-1, you can use summary probate when:
- The decedent’s personal property totals $20,000 or less, or
- The entire estate (including real and personal property) does not exceed $50,000 and there is no real property to inventory.
This streamlined process:
- Allows heirs or a designated administrator to file a sworn small-estate affidavit;
- Eliminates formal notice requirements for creditors;
- Typically completes within two to four weeks;
- Costs significantly less in court fees.
2. Formal Probate (Regular Administration)
When an estate exceeds the small-estate limits or includes real property, you must open a formal probate case under N.J.S.A. 3B:3-1. Key steps include:
- Filing a petition for probate and proposed letters testamentary or letters of administration;
- Serving notice on known heirs, beneficiaries, and creditors;
- Scheduling a court hearing if required;
- Preparing a complete inventory and financial accounting of estate assets and debts.
Formal probate takes longer—often several months to over a year—and involves higher filing fees and procedural requirements.
Helpful Hints
- Determine the estate’s total value early to pick the correct probate route.
- Compile a thorough list of assets, debts, and potential heirs before filing.
- Check your county Surrogate’s Court website for updated fee schedules and forms.
- Consider consulting an attorney for estates with real property, multiple heirs, or creditor disputes.
- File an inventory and accounting within eight months of appointment to avoid possible surcharges.