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Overview of the probate process in New Jersey

For those who have no experience with estate administration, the probate process in New Jersey can be a bit daunting. Most people go their whole lives with limited exposure and participation in any kind of judicial experience, outside of jury duty perhaps. So, when New Jersey residents find themselves going through the probate process, they will likely have quite a few questions.

The first thing our readers should know is that regardless of whether or not the deceased person had a will, the case will proceed through the probate court. But, if the deceased person, known as the "decedent," did have a will, the terms of that document will determine the distribution of assets. If the decedent died without a will, New Jersey intestacy laws will be followed to determine how the assets will be distributed.

At the beginning of the case, a personal representative will be appointed to help usher the case through the probate process. The personal representative is responsible for marshaling the decedent's assets, paying all of the necessary bills and taxes and then distributing the remaining assets accordingly.

Although this may seem fairly simply in this brief overview, the reality is that the probate process in New Jersey can become quite complicated very quickly. In some cases, heirs or beneficiaries may challenge the terms of a will. Or, it can be difficult to track down the right parties. The best approach to the probate process is to get the right information about how the laws in New Jersey will affect your own unique case and circumstances.

Post Type: TOPICAL

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