Probate Checklist for New Jersey Estates

September 10, 2019

If you find yourself as the Executor or Administrator of an Estate in New Jersey, it can be an overwhelming task.  Here is a couple of useful tips and checklists to make the probate process a little easier.

An Estate in New Jersey must be opened in the Surrogate’s Office in the County where the decedent resided.  Please note the probate of a Will in New Jersey cannot occur until the eleventh day from the date of death.  The process can be started before but the Estate will not be issued until the eleventh day.

If there is a Will, the Executor will need the following:

  1. Original death certificate with a raised seal;
  2. Original Will;
  3. Original Codicil(s) if in existence;
  4. Names and addresses of all immediate next of kin;
  5. Addresses of all beneficiaries named in the Will;
  6. Addresses of Witnesses to Will (if relevant);
  7. List all the assets in the decedent’s name to determine the number of short certificates needed;
  8. If the first named Executor has predeceased the Testator, a copy of the deceased Executor’s death certificate;
  9. The Executor must provide a form of identification (such as a driver’s license); and
  10. Payment of the $100.00 fee

If there is no Will, someone must be appointed as Administrator to handle the Estate.  An Administrator in New Jersey cannot be appointed until the sixth day from the date of death.  The process can be started before but the Estate will not be issued until the sixth day. The person seeking to qualify as Administrator will need the following:

  1. Original death certificate with a raised seal;
  2. Names and addresses of all immediate next of kin;
  3. Renunciations from all adult persons whose right to act is prior or equal to that of the applicant;
  4. List all the assets and their values in the decedent’s name alone to determine the number
  5. of short certificates/affidavits needed and to determine if a bond will be required;
  6. Administrator/ Affiant must provide a form of identification; and
  7. Payment of fees starting at $100.00;

If you have any questions about the probate or administration process in your county in New Jersey, you can call your local Surrogate’s office or the law offices of Ward, Shindle & Hall for assistance.