Navigating probate law in New Jersey can be a difficult task for families dealing with the loss of a loved one. At Bozanian McGregor, LLC, we are dedicated to providing clear, comprehensive guidance through every step of the probate process. Our experienced team understands the intricacies of Federal and New Jersey probate law and is committed to helping you manage estate administration efficiently and effectively. We are here to guide you through estate planning and administration, always focusing on doing what is most effective for you and your family. From validating wills to distributing assets, we ensure that your loved one’s wishes are honored and your rights are protected, offering you peace of mind during a challenging time.

What Is The Probate Process In New Jersey? 

Probate is the legal procedure for administering a deceased person’s estate. This process involves validating the deceased’s will, if one exists, and ensuring that the deceased’s debts are paid and the remaining assets are distributed to beneficiaries.

The probate process in New Jersey can be broken down into several key steps:

  1. Filing the Will and Petition: The executor named in the will must file the will and a probate petition with the Surrogate’s Court in the county where the deceased resided. An administrator is appointed to handle the estate if there is no will.
  2. Notifying Heirs and Beneficiaries: Once the will is filed, heirs and beneficiaries must be notified. This notification ensures that all interested parties are aware of the proceedings and have an opportunity to contest the will if necessary.
  3. Validating the Will: The Surrogate’s Court will review the will to ensure validity, which may involve verifying the signatures and confirming that the will was executed according to New Jersey law.
  4. Appointing the Executor or Administrator: If the will is deemed valid, the court will officially appoint the executor or, in the absence of a will, an administrator. This individual is responsible for managing the estate throughout the probate process.
  5. Inventory and Appraisal: The executor or administrator must compile an inventory of the deceased’s assets and have them appraised, which includes real estate, personal property, financial accounts, and any other significant assets.
  6. Paying Debts and Taxes: Before distributing assets to beneficiaries, the executor or administrator must pay any outstanding debts and taxes the estate owes. These payments can include funeral expenses, medical bills, and estate taxes.
  7. Distributing the Remaining Assets: Once all debts and taxes are paid, the executor or administrator will distribute the remaining assets to the beneficiaries as outlined in the will or according to state intestacy laws if there is no will.

Probate Laws Specific To New Jersey

New Jersey has specific laws and regulations governing the probate process.

  • Self-Proving Wills: New Jersey allows self-proving wills, expediting the probate process. A self-proving will includes notarized affidavits from the witnesses, eliminating the need for witnesses to testify in court.
  • Small Estate Procedures: New Jersey offers a simplified probate process for estates valued under $50,000 (for a surviving spouse) or $20,000 (for other heirs). This process can significantly reduce the time and cost of administering the estate.
  • Executor Compensation: New Jersey law permits executors to receive reasonable compensation for their services, typically based on a percentage of the estate’s value.

Common Challenges in Probate

Navigating probate can present several challenges, including:

  • Contested Wills: Heirs or beneficiaries may contest the will’s validity, leading to potentially lengthy and costly legal battles.
  • Complex Assets: Estates with complex assets, such as businesses, investment portfolios, or real estate in multiple states, can complicate the probate process.
  • Estate Taxes: It is crucial to understand and manage federal and state estate taxes. New Jersey does not have an estate tax but does impose an inheritance tax on certain beneficiaries.
  • Advising on Probate Avoidance: Helping clients establish trusts and other estate planning tools to minimize the need for probate.
  • Navigating Probate Procedures: Assisting executors and administrators in efficiently fulfilling their duties and complying with New Jersey law.
  • Resolving Disputes: Representing clients in will contests and other probate-related disputes.

Probate in New Jersey, while structured and systematic, can be complex. Bozanian McGregor LLC has experienced attorneys who can help clients establish trusts and other estate planning tools to minimize the need for probate. Our attorneys can also assist executors and administrators in efficiently fulfilling their duties and complying with New Jersey law. We also represent clients in will contests and other probate-related disputes. We are here to guide you through the estate planning and probate process, always focusing on doing what is most effective for you and your family. 

Contact the Probate Attorneys at Bozanian McGregor

Contact our office so that we can begin helping you protect your assets, secure your future, and address the issues that matter most to you and your family.