Being the administrator or executor of an estate is a massive responsibility. The sometimes complicated nature of the New Jersey probate process can make it seem overwhelming at times. To help you better understand how to get started and what is required as an executor of an estate, we've compiled a checklist to get you off on the right foot.
It is important to note that an Estate in NJ will need to be opened at the Surrogate’s Office located in the county where the decedent resided. The probate process of a will in NJ cannot officially occur until the eleventh day from the date of death. You can, however, begin working on the process before this. First you will need to determine if there is a will and who is named as the executor of the will.
If there is a will and you are named as the executor, chances are you have a copy of the original. But you will still need to have the original in hand in order to act as the executor. If the first named Executor/Administrator of the will has predeceased the decedent, you will need to obtain a copy of the deceased Executor’s death certificate. Once you have the original of the will and find yourself listed as the executor/administrator, you will need the following:
1. Original death certificate with a raised seal
2. Original Codicil(s), if relevant
3. Contact information for next of kin
4. Addresses of all the beneficiaries indicated in the will
5. Addresses of the Witness to the Will (if required)
6. A list of all assets and the values of those assets in the decedent’s name alone
7. An accepted form of picture ID for the administrator
8. The required payment fees (starting at $100.00)
If there is no will, someone will need to be appointed as the administrator of the estate. In NJ, an administrator cannot be appointed until the sixth day after the date of death. If you are seeking to qualify as administrator, you will need the following:
1. Original death certificate with a raised seal
2. Contact information for all immediate next of kin
3. Renunciation from all adults with the equal or prior right to serve as executor
4. A list of all assets and the values of those assets in the decedent’s name alone
5. Any short certificates or affidavits required
6. An accepted form of picture ID for the administrator
7. The required payment fees (starting at ($100.00)
You do not have to serve as the executor of an estate. You can renounce this role if you are not able to or do not want to serve as an executor. If you do choose to proceed as the executor of an estate, you will be legally responsible for safeguarding the assets of the estate and making distributions to named beneficiaries of the will. You will be obligated to pay the debts of the decedent as well as any taxes due.
Serving as the executor of an estate in NJ can be a daunting task, but it doesn’t have to be. The best way to ensure a smooth process for the executor is to make sure there is a clear estate plan in place from the beginning. Veitengruber Law understands the ins and outs of the NJ probate process and estate law. We can help you protect your assets and your family.