The Probate Process in New Jersey

The probate process is the legal process of administering the estate of a deceased person. Understanding the probate process can help you prepare your loved ones for the administration of your estate and give you peace of mind.

Probate includes identifying and gathering a deceased person's assets, paying any outstanding debts and taxes, and distributing the remaining assets to the designated beneficiaries of a will or, when a person dies intestate (without a will), to that deceased’s next of kin.

The first step in the probate process is to determine if the deceased person had a valid will. If they did, the will must be filed with the probate court in the county where the deceased person lived. The court will then appoint a personal representative, also known as an executor, to oversee the administration of the estate. The executor is normally included, along with potential alternates, in the deceased’s will.

If the deceased person did not have a valid will, the court will determine who will serve as the personal representative. In this case, the personal representative is known as an administrator and, as noted, is not selected by the deceased.

Once the personal representative has been appointed, they will be responsible for inventorying and valuing the deceased person’s assets. This includes real estate, personal property, and financial accounts. The personal representative will also be responsible for paying any outstanding debts, taxes, and expenses associated with the estate out of the funds of the state prior to distribution to beneficiaries.

The probate process can be time-consuming and complex, so it is important to work with an experienced attorney to ensure that everything is handled properly. The attorney can help the personal representative navigate the legal requirements and make sure that the estate is administered according to the law.

Once all of the deceased person's debts and expenses have been paid, the remaining assets will be distributed to the designated beneficiaries. This is typically done through the distribution of the deceased person's will, but if there is no will, the assets will be distributed according to the laws of intestate succession.