When someone in New Jersey passes away, they will usually have an estate plan in place to instruct loved ones how to proceed. Often, the individual who has been chosen as the executor of the estate will have to complete the probate process, which handles all of the decedent’s affairs and ultimately closes their estate. The executor of an individual’s estate cannot begin the probate process until 11 days after the decedent has passed away. Then, they have to file the original will and the death certificate in Surrogate’s Court in the county where the decedent lived at the time of their passing.
The decedent is responsible for proving the will in probate court to show that it is valid. In addition, they must show that it was the last will to be drafted and had not been revoked. Once the will has been accepted and the executor has been legally recognized as the representative of the estate, they can begin fulfilling all other responsibilities. Some of the responsibilities that the executor has to satisfy include the following:
Collecting all assets and distributing them to the beneficiaries that were named in the will
Paying all outstanding debts and taxes
Providing accounting to the Surrogate’s Court
If you have questions about probate, contact our firm today.
Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 25 years. If you are in need of experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.