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

5 BY 5 POWER IN TRUST

5 BY 5 POWER IN TRUST   What is a 5 by 5 Power in Trust?   A 5 by 5 Power in Trust is a clause commonly used in trusts. By its inclusion, it allows a trust beneficiary to take certain withdrawals from the trust. How Does a 5 by 5 Power in Trust Work?   The 5...

JULY IS DISABILITY PRIDE MONTH

​ JULY IS DISABILITY PRIDE MONTH   Question: Why do we celebrate Disability Pride Month in July? Answer: July marks the anniversary of the passage of the Americans with Disabilities Act of 1990 (ADA). It’s a great time to celebrate the spirit of the law that was...

Common Estate Planning Questions (Part II)

Common Estate Planning Questions   Death, taxes … and probate? Not necessarily. You can avoid probate by planning ahead to create non-probate assets. Non-probate assets are assets that can be transferred after death to the joint owner without probate.   Why...

So You Think You Need an Expert: A Cautionary Tale (Part III)

So You Think You Need an Expert: A Cautionary Tale   Part III: Components of a Good Expert Evaluation   This blog is the third in a series of guiding parents in getting a good expert evaluation to serve as the foundation of their child’s IEP or 504 Plan....

So You Think You Need an Expert: A Cautionary Tale (Part II)

So You Think You Need an Expert: A Cautionary Tale Part II: How to Choose an Expert   A. Can We Use Our Pediatrician? Your pediatrician is your child’s regular physician. They perform health exams, do wellness checkups, give vaccinations, and diagnose and treat...

Categories

Year Published