What documentation is required to apply for letters of administration in New Jersey?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. In New Jersey, a personal representative who handles an intestate estate (one without a valid will) must first obtain Letters of Administration from the Surrogate’s Court. Under N.J.S.A. 3B:3-25, the court issues these letters once it reviews and approves […]
Read article →What information is needed to request estate files from a county probate division in New Jersey?
Requesting Estate Files from a County Probate Division in New Jersey Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney for guidance tailored to your situation. Detailed Answer In New Jersey, estate records filed with a County Surrogate (often referred to as the probate division) become public after […]
Read article →What Steps Are Needed to Include Real Property in an Estate in New Jersey?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Detailed Answer Including real property in an estate in New Jersey requires several steps to ensure clear title and proper distribution under state law: Identify and Gather Property Documentation. Collect all […]
Read article →How does one obtain and use a court-ordered subpoena to gather estate records in NJ?
Detailed Answer Under New Jersey law, you may use a court-ordered subpoena duces tecum to gather relevant estate records during probate or guardianship proceedings. A subpoena duces tecum commands a non-party custodian—such as a bank or government agency—to produce documents or records. Follow these steps: 1. Identify the Governing Rule New Jersey Court Rule 4:58 […]
Read article →What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds in New Jersey?
Detailed Answer When a decedent’s real property sells in New Jersey, heirs often need to sign specific documents to direct the escrow agent or personal representative on how to distribute net proceeds. The required forms vary depending on whether the sale occurs in formal probate, by summary proceeding for a small estate, or outside probate. […]
Read article →How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce?
How Can a Former Spouse or Survivor Assert Entitlement to Surplus Funds Following the Owner’s Death or Divorce? Detailed Answer In New Jersey, “surplus funds” arise when a foreclosure or tax sale yields more money than the outstanding liens and costs. Those excess proceeds remain with the county tax collector until a valid claimant demands […]
Read article →How to Distinguish Estate Assets from Corporate Assets in New Jersey
How to Distinguish Assets Belonging to a Deceased Person’s Estate from Corporate Assets in New Jersey Detailed Answer When someone dies, New Jersey law treats the decedent’s estate and any corporation they own as separate legal entities. The estate includes assets titled in the decedent’s name alone or as co-owner at death. Corporate assets belong […]
Read article →What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs in New Jersey?
What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs in New Jersey? Detailed Answer When you serve as executor or administrator of a New Jersey estate, you may need to convert personal property—furniture, collectibles, jewelry, or vehicles—into cash. You can use sale proceeds to pay estate […]
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