Probating a Will is the Beginning of New Jersey Estate Administration

Objections to Probate and the Qualification of the Executor(s)

The application for Probate and the qualification of the Executor may be taken at any time following ten (10) days after the death of an individual.   This delay period is designed to permit time for any person with an interest in the estate to file an objection or "caveat" to the admission of the Will to probate.   This objection to the probate of a will generally means the authenticity or validity of the Will is being challenged in a "Will Contest" or "Probate Dispute".

When all probate procedures are performed, the Surrogate will issue "Certificates of Executorship" to the Executor which will enable him/her to act with the same power as the deceased over his or her property (i.e., cash checks, withdraw money from bank accounts, transfer property and real estate, etc.).

1)  When is probate necessary in NJ Estate Administration?

"Probate" is a process whereby a Will is "proved" to be valid by a public official (the County Surrogate) with authority to determine the authenticity of such document.  When there is no Will, the Surrogate issues Certificates of Administration to the person determined by law to handle the estate administration of the deceased. (See "Who may act as administrator")

If a person dies owning any property (real or personal, i.e, house, bank and savings account annuities, IRA's etc.) that, if alive, would require a signature to a document (as an example, a check, title to car, deed to real estate, stock certificate, etc.) to liquidate, transfer ownership or otherwise disposed of such property, then probate is required in New Jersey.

If the individual died holding property as a "joint tenant" with a right of survivorship with another individual, then the probate of that property as joint tenant may not be necessary because ownership of that property would generally vest in and belong to the surviving owner.  Beneficiary designations are an important consideration of determining what property is or is not subject to probate.   A qualified New Jersey Probate Law Attorney should be consulted.

To speak with a knowledgeable and caring attorney, please call Fredrick P. Niemann at 888-800-7442 or e-mail him at fniemann@hnlawfirm.com and set up an office consultation at your convenience to discuss your particular needs.  He welcomes your calls and inquiries and you’ll find him easy to talk to and very approachable.