Estate Planning Lawyer
Each state sets its own standards, regulations, and procedures concerning what happens to an individual’s estate in the event of their death. In many states, the estate of a deceased individual is only subjected to the probate process under specific circumstances. Common reasons why an estate is subjected to probate include conflicts about the contents of a will and questions about the validity of a will. By contrast, the state of New Jersey subjects most estates to the probate process in one form or another.
How Does Probate Function in New Jersey?
As an experienced probate lawyer – including those who practice at Kaplan Law Practice, LLC – can explain in detail, the probate process plays out differently in New Jersey based upon the circumstances that define a deceased individual’s “affairs” in the wake of their death. When someone dies with a valid, legally-enforceable will in place, the process of probate essentially refers to estate administration: Distributing the property named in the will in accordance with its terms, settling debts and outstanding accounts, etc.
However, if someone dies without a legally-enforceable will in place and/or there are questions about a will’s validity, the probate process becomes more involved. If a probate case is contentious or under scrutiny, it is handled by a county Surrogate Court. If the deceased did not name someone to act as their personal representative (also known as an estate administrator), the court will appoint someone to serve in this role. Whether a personal representative has been named by the deceased or appointed by the court, they are responsible for gathering the assets left behind by the deceased and distributing those assets after debts, taxes, funeral costs, etc. have been accounted for.
How Is Property Distributed Via Probate in New Jersey
If a will is in place and is both valid and legally-enforceable, the assets of the deceased will be distributed in accordance with the terms of their will unless a rare exception to this process applies. But, if there is no will in place or the validity of the will is in dispute, probate will progress in specific ways dependent upon the overall value of the deceased individual’s estate in question.
For example, if the value of an estate does not exceed $20,000 and the deceased left behind a surviving spouse or domestic partner, they will be deemed the sole beneficiary of the estate. By contrast, if an estate is significantly valuable, an estate administrator will need to either take care to distribute assets in accordance with a will’s terms or the standards enforced by New Jersey law if no will is in place. Sometimes, contentious debates about who should receive certain assets can arise and probate litigation may be filed as a result. If you have questions about either straightforward or complex probate matters in New Jersey, a local estate planning and probate attorney can advise you of your rights and options under state law.