Schedule a Consultation Now

Contact Us

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

Will vs. Estate Planning: What’s the Difference and Why It Matters

It’s a common misconception that a will and an estate plan are the same thing. After all, everyday language is less precise than legal terminology, and many people believe they’re finished with their estate after making a will if they don’t own a business or have any...

What Can a Special Needs Trust Pay For?

Your estate plan is meant to not only give you peace of mind, but also assist each of your loved ones in different ways. If someone you care about has a disability, the best way to provide for that individual may be setting up a special needs trust. In particular,...

Understanding the Stormy Educational Seas of 2025: A Primer

In the early months of 2025, uncertainty and turmoil over the changes in education have placed school districts and parents in a state of anxiety. This is especially true for parents of students with special needs. History of IDEA and U.S. Department of Education...

WHAT IS ESTATE PLANNING IN NEW JERSEY?

A solid New Jersey estate plan does more than distribute assets—it protects your legacy and spares loved ones from unnecessary burdens. Your plan will typically include a will that sets forth your wishes, strategic trusts, essential legal directives, and smart tax...

Categories

Year Published