How to Settle an Individual's Estate in New Jersey

104 10

    With a Will

    • 1). Take the original will and a certified copy of the death certificate to the office of the surrogate in the county where the decedent lived.

    • 2). Wait for the surrogate to declare the will, self-proving or not. "Self-proving" means there is language in the will that proves the validity of it.

    • 3). Sign the documentation the surrogate presents you with. If the will is not self-proving, there are witness documents to sign, for example, and New Jersey requires personal representatives to sign qualification forms and pay fees.

    • 4). Carry out the duties assigned to personal representatives by the state. Duties normally include inventorying the decedent's assets, notifying creditors of the death, using the estate assets to pay off debts, filing tax returns if they're required, paying funeral and administrative fees and disbursing remaining assets to the appropriate heirs and beneficiaries.

    Without a Will

    • 1). Submit an application to the surrogate's office to be assigned the estate administrator.

    • 2). Sign the qualification papers and other forms presented to you by the surrogate.

    • 3). Post a bond that is equal in value to the estimated value of the decedent's estate.

    • 4). Carry out the duties assigned to personal representatives as previously discussed in Step Four of Section One.

    • 5). Notify heirs, beneficiaries and next of kin that you've filed for probate within 60 days of your filing.

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