Need a Probate Lawyer in New Jersey?

Probate is an important process in which an estate is settled after death. The probate process starts with filing the will for probate. There is no official deadline for doing this in New Jersey, but it can only be done after 10 days have passed since the decedent’s death. 

Rosenblum Law can guide executors and administrators in filing for probate with or without a will in New Jersey. Read on to learn more about the deadlines and filing for probate in New Jersey. 

Overview of the Probate Process in New Jersey

Definition of Probate

Probate is the legal process of validating a will, settling debts, and distributing assets. Most estates need to go through probate before assets can be distributed to heirs. 

However, there are some assets that do not need to go through probate. If the estate only contains these assets and there is no will, probate is not necessary. There are also informal probate procedures for small estates when there is no will.

Steps Involved in Probate

The following steps are involved in the probate process.

1. Filing the will. The will, death certificate, and petition for probate are filled with the Surrogate’s Court. 
2. Appointment of executor or administrator. The surrogate’s court appoints an executor with letters of testamentary. If no executor is named in the will, the court appoints an administrator with letters of administration. 
3. Notifying beneficiaries and creditors. Beneficiaries named in the will, or interested parties if there is no will, must be notified within 60 days of probate being filed. 
4. Gathering and valuing assets. The executor or administrator gathers the assets in the estate and has them valued. 
5. Paying debts and taxes. Creditors have nine months from the date of death to come forward with claims related to the estate, which the executor or administrator must pay unless there is a dispute. They must also file federal estate and New Jersey inheritance tax returns, if applicable. 
6. Distributing assets to beneficiaries. Once all debts and taxes are paid, assets are distributed to the beneficiaries according to the will. When no will is available, intestate succession laws apply. 
7. Closing the estate. The executor or administrator must file an accounting of the estate, debts paid, and assets paid to beneficiaries. If there are no disputes in this accounting, the estate is closed and the executor or administrator is relieved of their duties. 

Types of Probate

There are two types of probate in New Jersey. Formal probate involves filings and hearings in the surrogate’s court, and follows the steps outlined above. Informal probate, available only for small estates, only requires that an affidavit be filed with the court. 

If there is a surviving spouse or domestic partner, that person can file for informal probate with the court. The will, if any, is annexed to the affidavit. The affidavit must state the residence at death, and “the nature, location and value of the intestate’s real and personal assets.” This process is available if the estate is less than $50,000.

If there is no surviving spouse or domestic partner, any heir can file for informal probate with an affidavit. The affidavit must include:

• The residence at death
• The heirs and beneficiaries that could have a claim to the estate
• The nature, location, and value of the intestate’s real and personal assets
• A statement the estate will not exceed $20,000

Deadlines for Filing Probate After Death in New Jersey

General Deadline for Filing Probate

There is no official deadline for when probate must be filed after the death of the decedent. Section 3B:3-22 of the New Jersey Revised Statutes provides that the will can be filed 10 days after death. However, New Jersey law also states that the Superior Court can order that a will be filed with probate if probate has not been filed for a death. If the Superior Court orders that the will be filed with probate, the probate must be filed by the deadline in the Superior Court’s order. 

Even though there is no specific deadline for filing a will with probate, it is best to file in a timely fashion. Other responsibilities of the executor or administrator do have deadlines, such as nine months to file a federal estate tax return. These duties cannot be handled until the executor or administrator receives the letters testamentary or letters of administration, which will not occur until the will is filed with probate. 

Timing for Filing Probate Without a Will (Intestate Estates)

There are also no deadlines for filing probate when the decedent dies without a will. However, if the superior court issues an order for probate and no will can be found, probate must be filed without a will by the date in the court order. 

Factors that May Affect Probate Filing Time in New Jersey

Presence of a Valid Will

The presence of a valid will can both simplify and complicate the filing process. When there is a valid will, the will, death certificate, and an affidavit from one of the witnesses to the will must be filed by the executor named in the will. If the will’s existence is known but not its location, this can complicate matters and make the process for filing probate take longer. 

Estate Complexity

Estates with extensive assets, businesses, or real estate may take longer to go through probate than other more simple estates. However, there is no difference in the filing timeline. 

Contested Wills or Disputes

Contested wills and disputes can lengthen the probate timeline. If there is a dispute over the validity of the will, this must first be settled before an executor or administrator is appointed. In cases of contested wills, one of the witnesses to the will must testify in court. 

Court Backlogs and Delays

Busy court schedules can affect probate hearing dates, but this doesn’t really affect the probate filing timeline. The will can be filed for probate anytime after 10 days after the death of the decedent regardless of how busy the Surrogate’s Court may be. However, if the court is busy, it could take longer to have an executor or administrator appointed. 

Taxes and Debt Settlements

Federal estate taxes, if they apply, must be filed and paid within nine months of the death of the decedent. This is the responsibility of the executor or administrator.

Likewise, creditors have nine months from the date of death to come forward with claims to be paid out of the estate. It is important to file for probate soon enough that these matters can be handled in a timely manner.

How Long Does the Probate Process Take in New Jersey?

The typical timeline of probate in New Jersey is one year, although more complex estates can take longer to settle.

Simple Estates

Simple estates with fewer complications don’t take long in New Jersey. The entire probate process can be completed in six to nine months for simple estates, whether or not there is a will. 

Probate can be expedited for small estates. If the surviving spouse or domestic partner files an affidavit with the probate court and the estate is worth less than $50,000, formal probate is not needed. If there is no surviving spouse or domestic partner, another heir can file the affidavit if the estate is worth less than $20,000. 

Complex Estates

It can take 12 to 18 months for a complex estate to go through probate. If there are disputes among beneficiaries, it can take even longer. 

Probate Without a Will

In intestate cases where no will exists, the process for probate is the same. The biggest difference is that instead of distributing assets according to a will, assets are distributed according to intestate succession laws. If there is no surviving spouse, it may take longer to determine who should inherit what. 

FAQs

Contact Rosenblum Law Today

Even though there is no official deadline for filing probate in New Jersey, it is important to file for probate in a timely manner to avoid complications and legal issues. The key role of a probate attorney in managing the process and preventing delays includes timely filing guidance and guidance of the executor or administrator.

Rosenblum Law attorneys are familiar with New Jersey probate laws and the Surrogate’s Court. We have experience in handling New Jersey probate with or without a will. Contact us today for a free consultation.