Guide to Probate & Estate Administration in Morris County, NJ
Did your loved one recently pass without any estate planning?
Do you need more clarity on probate and estate administration?
There are many details to consider with probate and estate administration processes. Plus, you have to factor in logistics and state laws in Morris County, NJ.
From following probate laws to finding resources, start the process now with this mini informational guide.
What is Probate Law?
Probate is an estate legal process that decides whether or not a will is valid. However, an individual doesn’t need to leave a will for their estate to go through the probate process.
When an individual writes a will, they name an executor to manage their estate after they pass. This executor would disperse assets as outlined in the will.
If there’s a discrepancy in the will, the estate can go to probate. Despite leaving a will, many high-value assets go through the probate process anyway.
If a person dies without a will or family, the probate court must appoint an administrator to oversee the estate administration. The administrator would also use the estate’s assets to pay any outstanding debts or financial liabilities.
By crafting an authentic will with a legal expert, you can avoid lengthy court proceedings.
New Jersey Probate in Morris County, NJ
Every state has its own probate laws. For example, in New Jersey, families in Morris County can take advantage of the state’s streamlined probate process.
Talk to an expert about this option if you’re a surviving spouse of someone who left $50,000 or less in assets without a will. You can also seek this option if you’re a surviving family member of someone who left $20,000 in assets without a will or surviving spouse. Simplified probate in New Jersey also applies to domestic partners.
If the deceased person’s assets exceed the above limits, the estate will fall into regular probate. In New Jersey, the estate would go through the surrogate court. You will also go through the surrogate court if you’re an executor of a high-value estate.
You may have to go through the surrogate court to get legally appointed as a will’s executor, despite being formally named. This process helps avoid future estate administration issues.
Most regular probate processes in New Jersey take no more than a year. High-value estates may take longer.
Probate proceedings also take place in the county of the deceased loved one. Thus, if your spouse or relative lived and died in Morris County, you would need to go through legal proceedings there.
The soonest you can file surrogate court paperwork is ten days after the deceased’s passing. If the will isn’t a “self-proving” document, you need to provide as much alternative documentation as possible, including gathering witnesses to the will’s creation.
Get the Help You Need
The probate and estate administration process in Morris County, NJ, is quite involved. Save money by getting expert help from the start.
The New Jersey Executor and Probate Resource Center can help you navigate the above logistics and more through our team of tax, probate, and legal specialists.
Browse our services to learn more, or request a free consultation to get started.