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The typical timeline of probate in New Jersey is one year, although more complex estates can take as long as 18 months to two years to settle. When a will is contested, an executor is accused of misconduct, or there are disputes between beneficiaries, probate can take several years to complete.
The best way to get through probate quickly is to engage a probate attorney at Rosenblum Law. Our probate attorneys are familiar with New Jersey probate law and can help one avoid all the pitfalls that can make probate take longer. Keep reading to learn more about the timeline of probate in New Jersey.
What is Probate?
Probate is the process by which a deceased person’s assets are distributed to creditors and beneficiaries. A will must be entered into probate for the transfer of assets and appointment of an executor, as set forth in Section 3B:3-18 of the New Jersey state code.
The purpose of probate is to validate the will, settle debts, and distribute the remaining assets. When there is no will, probate distributes assets according to intestate succession laws.
Most, but not all, New Jersey probate laws are found in Section 3B Chapter 3 of the State Code. It is important to work with a probate attorney familiar with these complex laws and able to apply them effectively.
Step-by-Step Probate Process in New Jersey
The following is a step-by-step example of the probate process in New Jersey. Each step in the process can take one month or more.
1. Filing the Will
The will can be filed 10 or more days after the death of the estate holder. There is no deadline for filing a will, but it is in the beneficiaries’ best interests to do so as soon as possible.
A will should be filed with the surrogate’s court. This part of each county’s superior court, although it may be located in a different building in some counties.
Upon filing the will, the executor or administrator of the estate will need to produce a certified copy of the decedent’s death certificate. They should also produce a sworn statement from at least one of the witnesses to the will as to its validity, unless the will is self-proving.
There is a $100 filing fee to file a will with the Surrogate’s Court. There are additional court fees that are laid out in Section 22A:2-30.
2. Appointment of Executor/Administrator
If the will is filed promptly, an executor or administrator will be appointed within 30 days after the decedent’s death. When an executor is named in a will and is willing to serve, that individual receives letters of testamentary to carry out his or her duties.
If there is no executor named or there is no will, the surrogate’s court will appoint an administrator. The administrator receives letters of administration to carry out their duties. Typically the spouse or eldest child is named as an administrator unless they are unwilling to serve.
The executor or administrator will be responsible for gathering all of the estate’s assets and keeping them safe throughout the probate process. They will also be tasked with paying off debts and claims, filing a final income tax return for the deceased, filing and paying estate and inheritance taxes, and distributing remaining assets to beneficiaries according to the will or intestate succession laws in New Jersey.
3. Notice to Heirs and Beneficiaries
Court Rule 4:80-6 states that the executor or administrator must notify interested parties of the probate process within 60 days of the will being entered into probate. Any beneficiaries in the will must be contacted, as well as immediate family members. When there is no will, anyone who stands to inherit by New Jersey intestate succession laws must be notified.
4. Asset Identification and Valuation
If the will is fairly recent, gathering the deceased’s assets should be a simple matter. If the will is older, the executor or administrator must make an effort to locate any assets that might exist. This includes:
- Real estate
- Investment accounts
- Securities
- Other property that must go through probate
It does not include:
- Real estate that is jointly owned by a surviving spouse or tenant in common
- Real estate or vehicles with transfer-on-death deed
- Trust accounts, life insurance, and other investment accounts for which there is a named beneficiary
For simple estates, it typically takes about a month to locate all assets and another month to value them. It can take several months longer for complex assets.
5. Settling Debts and Liabilities
According to Section 3B:22-4 of New Jersey state code, creditors have nine months from the decedent’s death to come forward to the executor or administrator with claims. The claims must include proof of the original debt.
Some debts or claims may be contested by the executor or administrator based on a number of factors. For example, a collection agency that has no proof of the original debt could find that their claim is contested.
Handling these contested debts and claims correctly is important for avoiding probate delays. A probate attorney can best handle contested debts and claims for an executor or administrator.
6. Paying Estate and Inheritance Taxes
If an estate is large enough, the executor or administrator must file a federal estate tax return and pay estate taxes. The federal estate tax return is due within nine months of the date of death. If the estate is less than $13.6 million, no federal estate return is needed, and no federal estate taxes are owed.
New Jersey does not have an estate tax, but it does have an inheritance tax. The first $25,000 of an inheritance is not taxed for the spouse, children, grandchildren, or parents. The inheritance tax must be paid at the time the inheritance is received by the beneficiary.
Estate and inheritance taxes are something the executor or administrator must attend to, but they don’t really add to the timeline. Estate and inheritance taxes can be paid during the same time that debts and claims are being paid.
7. Distribution of Assets
Typically, beneficiaries receive their share of the assets within one to three months after the estate taxes have been paid. By this point, creditors can no longer come forward with claims and all debts and taxes should have been paid.
However, there can be delays in the distribution of assets if there are disputes or complications. If there is a dispute, the widow and children of the deceased may petition the court for an allowance for living expenses while the dispute is being heard in the superior court.
8. Closing the Estate
Once all debts and taxes are paid and assets have been distributed to beneficiaries, the executor or administrator must submit an accounting of the estate and where it went. If there are no disputes as to this accounting among beneficiaries, the estate is closed and the executor is discharged from their duties.
Factors That Affect the Length of Probate in New Jersey
There are a number of factors that can affect the length of probate in New Jersey. Some of these factors can easily be handled by a probate attorney to avoid delays.
Size and Complexity of the Estate
The size and complexity of the estate can have a significant impact on the probate timeline. Large and complex estates will take longer to locate, gather, and value. There could also be a number of debts and claims made on larger estates, although creditors still only have nine months from the date of death to come forward with claims.
Whether There Is a Will
Without a will that appoints an executor, an administrator must be appointed. If the spouse and children are unwilling to be administrators, it can take up to 40 days for someone else to come forward.
When there is no will, the laws of intestate succession in New Jersey apply for the distribution of assets. When there is a spouse and children, the intestate succession laws are very clear. However, when there are no parents, spouse, children, or grandchildren, finding beneficiaries becomes more difficult. Intestate succession laws are written such that few estates without wills pass without beneficiaries.
Contested Wills or Disputes
Will contests can greatly lengthen the time it takes to get through probate. Will disputes are filed with the superior court, as the surrogate court only has jurisdiction over uncontested wills. It can take some time before a hearing is scheduled, during which the judge will determine how to proceed with the estate.
Handling of Debts and Claims
It is important that all debts and claims that are made against the estate within the nine-month time frame are paid in full from the estate assets. If debts and claims are contested, they must be resolved before assets are distributed to beneficiaries. Unresolved creditor claims can cause delays in probate, because all debts and claims, along with all taxes, must be paid before the remaining assets are distributed.
Delays in Asset Valuation or Liquidation
For complex estates, there may be delays in asset valuation or liquidation. If assets like real estate or other valuable assets must be liquidated to pay debts and claims, it can lengthen the process of probate. An experienced probate attorney can negate these delays through a network of professionals.
Surrogate’s Court Backlog
Although there is little that can be done about it, delays can happen based on the surrogate court’s backlog. It could take longer to process the appointment of an executor or administrator, issue letters that allow them to do their duties, and process the accounting submitted for closure of the estate.
Tax Liabilities
If estate and inheritance tax returns are not filed correctly or are audited, it could take longer for the beneficiaries to receive their inheritance. This is because estate and inheritance taxes must be paid before beneficiaries receive their share of the assets.
Average Probate Timeline in New Jersey
Probate generally takes six to nine months for simple estates and 12 to 18 months or longer for complex estates. It takes about thirty days for an executor or administrator to be appointed, and it can take one to three months to gather all assets and start processing debt claims. Creditors have nine months to come forward with debts, after which taxes are paid and beneficiaries receive their inheritance.
Alternatives to Lengthy Probate
Establishing a living trust is one way to avoid or shorten probate. Living trusts pass automatically to named beneficiaries. When property is jointly owned by a living beneficiary, that beneficiary automatically receives the property without having to go through probate. Other accounts, such as investment and retirement accounts, may also have named beneficiaries that allow account assets to avoid probate.
New Jersey also has simplified procedures for small estates where there is a surviving spouse and the assets to be processed in probate are less than $50,000, or estates where there is no surviving spouse or descendants and the estate is worth less than $20,000.
FAQs
There is no deadline for filing a will after death in New Jersey. However, it is in your best interests to file the will as soon as possible. The will can be filed as soon as 10 days after death.
If there is no will, the probate process is very similar regarding when a will is presented for probate. The biggest difference is that instead of distributing assets according to the will, assets are distributed according to intestate succession laws. It may take longer to go through probate without a will simply because it may take longer to identify assets and debts.
Probate can be avoided in New Jersey for some or all assets, depending on their beneficiary designations. Real estate and vehicles can pass automatically to beneficiaries without probate if there is a transfer-on-death clause on the deed or title.
When property is owned as joint tenants in common, the surviving owner automatically receives the property. Living trusts, investment accounts, and retirement accounts all pass to named beneficiaries without probate. If this describes all of the assets in an estate, probate can be avoided entirely.
If there is a dispute over the will during probate, the will must be validated by the sworn testimony of at least one witness to the document. For complex will disputes, the widow and descendants can petition the court for an allowance to be paid out of the estate for their maintenance while the will is going through probate.
No. If all assets have beneficiary designations, are jointly owned, or are set to transfer on death, there is no need for probate in New Jersey.
You should receive your inheritance after debts and taxes are paid, about nine months or more after probate starts.
Will disputes, not having a will, and beneficiary disputes can all delay probate in New Jersey. Probate can also be delayed if the executor or administrator doesn’t perform their duties in a timely manner. It is important to have an attorney to help guide you through the process.
A probate attorney can help avoid delays in probate by ensuring that each step is handled efficiently.
The executor or administrator must gather all assets in the estate. This important part of probate can take a long time if the estate is large and complex.
Yes, the simplified probate process is available for small estates. The simplified process doesn’t take as long as standard probate.
Contact Rosenblum Law Today
The probate process takes about nine months or more for most estates. It is important to go through the entire process in an efficient and timely manner to avoid unnecessary delays. Hiring a probate attorney can avoid delays and get through probate faster.
Rosenblum Law probate attorneys are experienced in New Jersey’s surrogate courts and can help you avoid delays in probate. Contact us today for a free consultation.
Last updated: Nov 4, 2024
