The death of a person is devastating, especially so when that person was someone you love. A family needs to deal with its grief, yet the world moves forward and demands that estate and probate obligations be met and affairs finalized. There are bills to pay and property to transfer. The will and/or trust seem clear, but you don't know where to begin or exactly what to do. We can help. We're experienced NJ estate administration attorneys who have helped individuals and families like yours through the maze of New Jersey, and multi-state probate/international estate administration laws.

If you need advice on estate administration, including probate law in New Jersey, and want to talk to an experienced and easily-approachable attorney, then call Fredrick P. Niemann toll-free at (855) 376-5291 or e-mail him at fniemann@hnlawfirm.com.  He welcomes your inquiries.

"Probate" is a process whereby a Will is "proved" to be valid by a public official (the County Surrogate) with authority to determine the authenticity of such document.  When there is no Will, the Surrogate issues Certificates of Administration to the person determined by law to handle the estate administration of the deceased. (See "Who may act as administrator")

If a person dies owning any property (real or personal, i.e, house, bank and savings account annuities, IRA's etc.) that, if alive, would require a signature to a document (as an example, a check, title to car, deed to real estate, stock certificate, etc.) to liquidate, transfer ownership or otherwise disposed of such property, then probate is required in New Jersey.

If the individual died holding property as a "joint tenant" with a right of survivorship with another individual, then the probate of that property as joint tenant may not be necessary because ownership of that property would generally vest in and belong to the surviving owner.  Beneficiary designations are an important consideration of determining what property is or is not subject to probate.   A qualified New Jersey Estate Planning Attorney should be consulted.

NJ Estate Administration and Probate Laws

Under NJ law, an estate is the total of all property owned by a deceased person prior to the distribution of his/her property in accordance with the terms of a will or trust, or, when there is no will or trust, by the law of intestate succession in New Jersey or the state where the individual lived. The process can be complicated. Several things must happen during the estate administration and probate administration: 

     The will is proven to be valid or invalid.

     The property covered by the will or trust is verified and valued.

     The manner in which the property of the decedent is to be

        distributed to beneficiaries is established.

     Creditors of the decedent are identified and given the opportunity

        to file claims against the estate.

     Fees and taxes for administration of the estate are established

        and paid.

     The assets of the estate are distributed to heirs and beneficiaries.

An Estate Administration Attorney in

New Jersey Can Preserve Estate Assets

By retaining the services of a knowledgeable estate attorney with a background in elder law, you benefit from their understanding of New Jersey law and their expertise in preserving estate assets. Reducing estate taxes is one way that an estate can retain more of its wealth for the decedent's heirs. Our attorneys know of legal ways to accomplish this goal.