At Ward, Shindle & Hall, we often work on behalf of families to act as the administrator of a deceased loved one's estate or trust.
Administration of a Will in New Jersey:
If the decedent left a will, the personal representative must file a petition for probate with the Surrogate's Court in the county where the decedent resided at the time of death. The petition must include the following documents:
- A certified copy of the decedent's death certificate
- A copy of the decedent's will
- An affidavit from the personal representative stating that they are willing and able to serve
Once the petition for probate is filed, the Surrogate's Court will appoint the personal representative and issue Letters Testamentary. The personal representative then has the authority to administer the estate.
Administration of a Trust in New Jersey:
If the decedent left a trust, the trustee must first take possession of the trust assets. The trustee then has the responsibility of managing the trust assets according to the terms of the trust. This may involve investing the trust assets, paying the trust's expenses, and distributing the trust's assets to the beneficiaries.
Termination of the estate administration:
Once the personal representative or trustee has completed all of the necessary tasks, they can file a petition for final distribution with the Surrogate's Court. The petition must include an accounting of the estate's assets and liabilities, and a statement that all of the creditors' claims have been paid. If the court approves the petition, the estate will be considered to be closed and the personal representative or trustee's duties will be terminated.
Estate administration can be a complex and time-consuming process. It is important to have an experienced estate planning attorney to help you through the process. An attorney can help you understand your legal rights and obligations, and can represent you in court if necessary.
To learn more about our estate and trusts administration services or to schedule a consultation with the Ward, Shindle & Hall team, please contact our firm at (856) 853-7771.
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