Probate and estate administration can be complex and time-consuming, and it is not uncommon for problems to arise during the estate administration process.
Several typical probate and estate administration problems can be experienced in New Jersey. Some of these problems include:
Contested Wills
If disputes are over the validity of a will or the distribution of assets, the probate process can be slowed down or even come to a halt. An interested party must file a complaint with the court to contest a will and provide evidence that the will is invalid. Common grounds for contesting a will include undue influence, lack of capacity, and fraud.
Heir Disputes
The probate process can be complicated and time-consuming if there are disputes over who is entitled to inherit from an estate. These disputes can arise if the deceased person had multiple marriages or children, if the deceased person did not have a will, or if there are disagreements over the interpretation of the will.
Missing Beneficiaries
The probate process can be delayed if a beneficiary cannot be located or is unaware of their entitlement to inherit from an estate. The personal representative may need to take additional steps to locate the missing beneficiary or to determine if they have waived their right to inherit.
Complex Estates
The probate process can be more complex and time-consuming if an estate includes many assets, such as multiple properties or a large business. The personal representative may need to hire additional professionals, such as appraisers and accountants, to help manage the estate’s assets.
Estate tax issues
If an estate is subject to estate taxes, the personal representative may need to take additional steps to ensure the taxes are correctly paid. This can include preparing and filing a tax return.
Probate and estate administration can be complex and time-consuming, and the personal representative needs to have a thorough understanding of the legal requirements and procedures. It is also advisable for the personal representative to seek the assistance of an experienced attorney to help navigate any problems that may arise.
There are also helpful online resources; here is a link to a tax guide for New Jersey. If you have any questions about probate or estate administration in New Jersey, please get in touch with us at www.njexecutor.com or at (973) 998-5410 or (856) 762-8566.
