An Overview of The Process of New Jersey Probate Court

Claiming a deceased person’s assets requires court-supervision, which is called Probate. Additionally, there are debts, taxes, and the division of the estate to inheritors, which would occur under court-supervision. Unless there is a dispute over the division of assets, probate can move pretty quickly, and in most of the cases, may only involve filing paperwork.

Here we are providing an overview of the New Jersey probate court process. As New Jersey has adopted a set of laws known as the Uniform Probate Code, the probate process has become quicker as well as simpler than many other states, which have not yet adopted this law.

Remember that many estates need not go through the standard probate process. They qualify as ‘small estates’ right under the state law, even in cases where they consist of valuable assets. On such conditions, survivors would only have to undergo a basic probate procedure, or possibly even transfer the property without even going to court.

How does probate process begin?

Usually, families have to start by inquiring through the court to provide them a personal representative, known as an executor. If there are no wills, some states allow the person to be his own administrator. And, to make it possible, the person has to make a request by filing an application, the original will (if it is not submitted to the court yet) and death certificate to the local NJ probate court.

Your request document would be called a ‘petition’ or ‘application,’ which would generally contain vital information such as the names of the survivors and inheritors mentioned in the will, date of death, and so on. In New Jersey, families get fill-in-the-blank forms, and if yours isn’t the one, you might be asked to write something up from scratch.

Note: Every court has its individual norms about documents required for the process.

The maiden hearing

The court would schedule a hearing in order to offer concerned parties a chance to object the appointment of an executor. Prior to the hearing, a formal legal notice would be sent to the beneficiaries and heirs (named in the will) under the state law, followed by another notice to the creditors linked in the circle. Legal notice will also be published in the local newspapers to alert others in the loop.

The hearing, in most cases, is nothing but a formality; there’s a chance you might not even have to show up at the court. On approval of the request, the court would accouter documents, which empower you to act on behalf of the assets. In many states, these documents are termed as Letters of Testamentary or Letters to Authority, or Letters of Administration (in case there’s no will). However, they are generally referred to as just ‘letters.’

Evincing the Will’s authenticity

With a Will, you must prove it to be valid. Typically, all that you need is the proclamation from a couple or more witnesses in one of the following forms:

• A self-affidavit or a notarized statement that witnesses had signed while they witnessed the Will.
• A sworn declaration signed by the witnesses, or a court statement from a witness.

Distributing properties to the beneficiaries early

If there are taxes and debts yet to clear, you can’t distribute the inheritances to the beneficiaries until you confirm the estate has adequate assets to pay the pending. On the other hand, if you hold enough money to pay the final debts and uncleared taxes, you might be allowed to distribute a portion of the assets before the probate proceeding ends. There’s a chance that state law might limit the quantity of assets you can distribute, or you might need the court’s approval in advance.

Closing the probate estate

The moment your creditors claim that debts are paid, disputes are settled, and all necessary tax returns are filed. You are then ready to distribute the remaining assets to the inheritors, thus closing the estate. Closing the estates means you are released from all the duties as executor.

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