Probate in New Jersey | NJ Legal Resources | FastCounsel

What steps do I need to take when the original estate administrator has died before completing the probate? (NJ)

What to do when the original estate administrator dies before probate is completed (New Jersey) Short answer: If the original administrator (or executor) dies before the estate closes, the Surrogate’s Court will appoint a successor personal representative. You must notify the court, file the decedent-administrator’s death certificate, and petition the Surrogate for issuance of new […]

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What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? – NJ

FAQ: What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? Detailed Answer — What this means under New Jersey law Short answer: if a recorded deed shows the property was validly conveyed out of your mother’s estate decades ago, the recorded owner […]

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How do I get the probate court’s permission to sell property in NJ when the clerk’s office won’t explain filing requirements?

Detailed answer: Getting the probate court’s permission to sell estate property in New Jersey when the clerk’s office won’t explain filing requirements Short answer: In New Jersey, the person who has authority to administer the estate (the executor named in a will or an administrator appointed by the court) must obtain the court’s permission before […]

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Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? – NJ

Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed New Jersey attorney. Quick answer — can you get back items heirs removed before you took possession? Yes — often you can. Under New Jersey law, people who remove your personal property can […]

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What steps do I need to follow as executor to sell real property to pay estate debts? (NJ)

FAQ: Steps an Executor (Personal Representative) Must Follow to Sell Real Property to Pay Estate Debts in New Jersey Short answer: In New Jersey you generally must open probate, obtain authority to act as the estate’s personal representative (letters testamentary or of administration), identify and value the property and estate debts, determine whether the will […]

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What Happens to a Safe Deposit Box After Someone Dies in NJ?

FAQ: What happens to a safe deposit box after someone dies in New Jersey? Short answer: When a person who rented a safe deposit box dies in New Jersey, the bank will not automatically hand the box contents to family members. Access depends on who is named on the box (joint tenant or co-owner), whether […]

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When Can an Executor Be Removed in New Jersey (NJ)?

Detailed Answer — When can a personal representative (executor) be removed under New Jersey law? This answer explains, in plain language, when a court can remove an executor (called a "personal representative" in New Jersey) and how the removal process generally works. This is educational information only and not legal advice. Who is an "executor" […]

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What Is "Probate in Common Form" in NJ?

Understanding Probate Procedures in New Jersey: What You Need to Know Detailed Answer — Does New Jersey use “Probate in Common Form”? Short answer: New Jersey does not commonly use the phrase “probate in common form.” That term appears in the law of some other states to describe a limited, common‑law method of admitting a […]

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Is probate administration required when there is no will in NJ?

Detailed Answer — How New Jersey handles an estate when there is no will When a person dies without a valid will (called dying intestate), New Jersey law provides rules for who inherits and how the decedent's property is transferred. Whether you must open a formal probate (called estate administration) in the county Surrogate's Court […]

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How can I close an estate bank account and obtain the required closing statement in NJ?

Closing an Estate Bank Account and Getting the Final Closing Statement in New Jersey Short answer: The personal representative (executor or administrator) uses the court-issued authority (Letters), pays debts and taxes, prepares a final accounting or closing statement, obtains approval or beneficiary receipts, and then presents proof to the bank to close the estate account. […]

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