If Real Property Passes Automatically at Death vs. Why Do I Have to Probate the Will? (NJ)
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer Automatic Transfer of Real Property at Death Certain forms of property ownership let real estate pass outside probate. Joint tenancy with right of survivorship and tenancy by the entirety transfer title instantly to surviving owners. New Jersey also permits transfer-on-death deeds. […]
Read article →What steps are involved in notifying creditors and handling claims after a death in New Jersey?
Steps for Notifying Creditors and Handling Claims After a Death in New Jersey Detailed Answer After a loved one dies in New Jersey, the appointed executor or personal representative must notify creditors and manage claims. Following specific steps ensures compliance with state law and protects the estate from unexpected liabilities. 1. Obtain the Death Certificate […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in NJ if the Death Certificate Is Not Available?
Detailed Answer Under New Jersey law, a certified death certificate serves as the official proof required to open an estate in Surrogate’s Court. The Vital Records Act (N.J.S.A. 3:33-1 et seq.; see https://www.njleg.state.nj.us/statutes) mandates filing a death certificate with the local registrar. Surrogate’s Courts rely on that certificate to confirm a person’s passing. If you […]
Read article →Can I open an estate and become the personal representative if I am the mother-in-law? – NJ
Detailed Answer In New Jersey, opening an estate and serving as personal representative (sometimes called executor or administrator) follows strict priority rules. The Surrogate’s Court oversees probate matters in each county. 1. Determine if a will exists. If the decedent left a valid will naming an executor, the court usually honors that choice unless the […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in New Jersey?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a New Jersey attorney. Detailed Answer Dower and Its Abolition Historically, dower granted a surviving spouse a life estate in a portion of the deceased spouse’s real property. New Jersey abolished dower effective September […]
Read article →How Does an Executor Obtain an EIN for the Estate in NJ?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or tax professional for guidance on your specific situation. Detailed Answer When a person passes away with assets to administer, the appointed executor (also called a personal representative) must obtain an Employer Identification Number (EIN) to handle […]
Read article →What is the difference between common and solemn form probate in New Jersey?
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, […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate in New Jersey?
Detailed Answer Under New Jersey law, a surviving spouse (or minor child) automatically qualifies for a years allowance out of the decedents personal property for support and maintenance. This right arises by operation of law and is set forth in N.J.S.A. 3B:6-3. The allowance is paid out of the decedents personal property after paying funeral […]
Read article →How to Request and Schedule a Probate Hearing When None Is Set in New Jersey
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Understanding the Probate Hearing Process in New Jersey In New Jersey, the Surrogate’s Court oversees probate proceedings, including setting hearings for petitions to admit wills to probate or obtain letters of administration. Typically, after you file a petition with the county […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in NJ
Detailed Answer In New Jersey, serving probate court orders requires following the New Jersey Court Rules and statutes. Interested parties include heirs, beneficiaries and known creditors. You must serve a copy of any order to show cause or other court order promptly after filing your petition with the surrogate’s court. Service Under Rule 5:3-10 Rule […]
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