Disclaimer: This article provides general information and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney.
Detailed Answer
If your deceased parent is the sole name on a property deed in New Jersey, ownership does not automatically pass to heirs. You must open a probate estate in the county Surrogate’s Court. First, locate your parent’s will. If one exists, the executor files the will with the Surrogate’s Court and petitions for letters testamentary under N.J. Stat. Ann. § 3B:7-14 (https://www.njleg.state.nj.us/). If no will exists, an heir petitions for letters of administration under the same statute. The court issues letters appointing a personal representative who gains authority to manage estate assets, including real property.
Next, the personal representative prepares a probate deed, often called a deed of distribution. After the court confirms all debts and taxes are paid, it issues the deed. Recording this deed with the county clerk transfers title to the beneficiaries named in the will or, absent a will, to heirs under New Jersey’s intestacy laws (N.J. Stat. Ann. § 3B:5-2: https://www.njleg.state.nj.us/). For example, a surviving spouse with children receives the first $50,000 plus one-half of the remaining estate; children share the balance equally.
Finally, perform a title search at the county clerk’s office or through a title company. That search reveals any surviving co-owners, liens or encumbrances. If title remains clouded or heirs dispute distribution, a quiet title action in Superior Court can resolve ownership. Always retain certified copies of the death certificate and probate documents for final recording.
Helpful Hints
- Gather several certified copies of the death certificate.
- Search safe deposit boxes and attorney files for a will.
- Consult a title company for a full title search.
- Review Surrogate’s Court probate forms online.
- Consider mediation if heirs cannot agree on distribution.
- Maintain organized records of all estate transactions.