Probating a Will in New Jersey

The application for Probate, the qualification of the Executor and the deposition of the witness may be taken at any time following ten (10) days after the death of the 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 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.).

When is probate necessary in Estate Administration?

"Probate" is a process whereby a Will is "proved" to be valid by a public official (the 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 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 that person to sign a document (as an example, a check, title to car, deed to real estate, stock certificate, etc.) to liquidate, transfer or otherwise disposed of such property, then probate is required.

If the individual died holding property only as a "joint tenant" with another individual, then probate may not be necessary.   The subject 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. fniemann@scarincihollenbeck.com

A qualified New Jersey Estate Planning Attorney should be consulted.