Handling Mortgage Payments and Utilities During Probate in New Jersey
Detailed Answer Short version: During probate in New Jersey, the person appointed to administer the estate (the executor or administrator) must protect estate property and generally should arrange to keep mortgage payments and utility services current. If the estate has cash or income, those funds are used to pay necessary ongoing expenses. If the estate […]
Read article →Which assets to list on a New Jersey small estate affidavit
Small Estate Affidavit: Which Assets to List Which assets should you list on a New Jersey small estate affidavit? Short answer: List assets that were owned solely by the decedent at death and that require a transfer through probate or an affidavit to reach heirs or personal representatives. Do not list assets that pass automatically […]
Read article →New Jersey: Finding a Missing Parent Who Is a Next-of-Kin During Probate
Overview If you are involved in probate in New Jersey and a parent who is a potential heir or next-of-kin cannot be located, there are clear steps you can take to find them or to allow the probate process to move forward lawfully. This guide explains practical search strategies, the steps courts expect you to […]
Read article →New Jersey — Do Survivorship Assets Need to Be Included in an Estate Inventory?
Detailed Answer Short answer Generally no. Under New Jersey practice, assets that passed automatically to your mother by right of survivorship (for example, joint bank accounts titled "A & B, as joint tenants with right of survivorship," or real estate held as joint tenants with right of survivorship) ordinarily pass outside of probate and are […]
Read article →New Jersey: How to Confirm Bank Accounts Are Under the $20,000 Small‑Estate Limit
How to confirm whether a decedent's bank accounts fall under New Jersey's $20,000 small‑estate limit Detailed Answer — determining whether the $20,000 small‑estate limit applies In New Jersey, there is a simplified collection process for small estates of limited value. The process applies to personal property (for example, bank accounts held in the decedent’s name) […]
Read article →Claiming a Deceased Parent’s Bank Account in New Jersey: Small-Account Affidavits and Alternatives
Detailed Answer Summary. When a parent dies, you may be able to collect a modest bank account in New Jersey without full probate. New Jersey uses county Surrogate's Courts for estate administration. Some banks will accept a sworn affidavit and supporting documents for small-balance accounts; others will require formal court-issued authority (letters testamentary or letters […]
Read article →New Jersey: Does appointment as guardian of the person automatically make you guardian of the estate?
Do you automatically become guardian of the estate when appointed guardian of the person in New Jersey? Detailed Answer — How New Jersey treats guardianship of the person vs. guardianship of the estate Short answer: No. In New Jersey, being appointed guardian of the person does not automatically make you guardian of the estate (the […]
Read article →Federal Estate Income Filing in New Jersey: When to File Form 1041
Federal Estate Tax Filing in New Jersey: What to Know When the Estate Made No Distributions Disclaimer: This is educational information, not legal advice. Consult a qualified tax professional or probate attorney about your specific situation. Detailed answer — when a federal estate income tax return is required Two separate federal filings commonly arise after […]
Read article →How to Transfer Brokerage Account Assets into an Estate Checking Account in New Jersey
How to move brokerage account assets into an estate checking account (New Jersey) Disclaimer: This is educational information only and not legal advice. Laws vary by situation. Consult a New Jersey probate attorney or your county surrogate’s office before taking action. Detailed answer: step-by-step explanation under New Jersey law The short answer: who controls the […]
Read article →Selling a Co-Owned Property in New Jersey to Cover Funeral and Property Tax Costs
How to sell a co-owned property in New Jersey to cover funeral and property tax expenses Short answer: First identify how the property is owned. If all owners agree, you can list and sell the property and use the proceeds to pay funeral bills and property taxes. If an owner refuses or an owner is […]
Read article →