Common Estate Planning Questions

May 14, 2024 | Estate Planning

Common Estate Planning Questions

 

 

What is Probate?

Probate is the process through which an executor or administrator gathers the assets of a deceased person, pays their taxes and their debts, and finally transfers any remaining assets to the decedent’s beneficiaries.

 

Simple Probate in New Jersey

In New Jersey, if the decedent left a simple will, or even no will, the survivors can take advantage of simplified probate. The process, which is quicker and less expensive than regular probate, is available to:

  • A surviving spouse, or
  • A surviving domestic partner
  • If there was no will, and
  • If the total value of the decedent’s assets does not exceed $50,000.

It is also available to other family members if there is no surviving spouse, no domestic partner, no will, and if the decedent’s assets do not exceed $20,000.

The survivor(s) would simply file an affidavit with their local probate court to claim the decedent’s property.

 

What Does Probate Entail?

For estates that require probate, the following steps would occur:

• The person named as executor in the will would petition the court for formal appointment as executor of the estate.
• The named executor would supply the court with the will and a certified copy of the death certificate.
• If no will exists, or the named executor isn’t available, the probate court will appoint an administrator.
• The court will issue a document to the executor or administrator which gives that person both the duty and the authority to do the following:
• collect and inventory the deceased person’s assets, and secure them
• seek professional appraisal of the assets, if necessary
• pay debts and taxes, and
• distribute the remaining property as directed by the will or the law.

The executor or administrator must give notice of the proceedings to all heirs and beneficiaries. This must be done within the first sixty days after the will is admitted to probate.

Stay tuned for next month’s blog: How to Avoid Probate
Have questions or concerns about an estates or trust matter?  Contact an experienced Sussan Greenwald & Wesler attorney for assistance.
609-409-3500





Contact us now

For a Private Consultation

Latest Blog Posts

Estate Planning: Who, Me?

What Is Your Estate? Your estate is made up of all your assets minus all your liabilities. Your assets may include:   Real estate, including your home, rental property, or land Checking and savings accounts Stocks, bonds, or other investments Pensions Annuities...

Congress Approves Nearly $2 Billion for Autism

The Autism Collaboration, Accountability, Research, Education and Support (Autism CARES) Act has been extended for five years. What It Means The five-year extension of this federal law creates a pathway for $1.95 billion to be spent with the funds will going toward:...

When Should I Update My Estate Plan in New Jersey?

It’s a simple fact that no one can predict the future with complete certainty, and unexpected health or financial events can occur at any time. Therefore, every adult who possesses any assets ought to make an estate plan, for the sake of the people they care about....

What are the Special Education Classifications in NJ?

The public education infrastructure in New Jersey provides students with specific disabilities access to special education classes and services in order to meet their needs. The purpose of the laws that offer this access is to ensure every student can learn and grow...

Categories

Year Published