New Jersey Application For Probate

State:
New Jersey
Control #:
NJ-SKU-0336
Format:
PDF
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Description

Application For Probate

New Jersey Application For Probate is a legal process to determine the rightful owner of a deceased person’s assets. It is used when the deceased person did not have a will. The three types of New Jersey Application For Probate are Informal Probate, Formal Probate and Supervised Administration. Informal Probate is a simple process used to transfer assets to the rightful beneficiaries without court involvement. Formal Probate is a more complex process that requires court oversight. Supervised Administration is used when there are disputes over the deceased person’s assets or when the assets are complex. The application for Probate includes the Petition for Probate, the Order for Probate and the Letters of Administration. The application must be filed with the clerk of the Superior Court in the county where the deceased person resided. The application must include a death certificate, the original will (if any), an inventory of the deceased person’s assets, and a list of the deceased person’s creditors.

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FAQ

New Jersey probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.

Probate Without a Will in New Jersey This is usually possible without court supervision through this process. Even if your case does require court supervision, New Jersey allows more autonomy than many other states, and the process is relatively simple.

The commission is 6% of income received by the estate plus 5% of the value of the gross estate for estates up to $200,000.00, 3.5% on the excess above $200,000 to $1 million, and 2% on amounts over $1 million.

A removed or discharged fiduciary must deliver to his or her successor all assets as of the date of discharge generally and then he or she must prepare, file and settle his/her accounts within 60 days after entry of judgement or within such time as the court may direct.

New Jersey probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.

Though probate aims to streamline the distribution of your loved one's estate, it can be a long time before you get your inheritance. Open probate cases take at least nine months in New Jersey to account for potential claims against the estate. On average, probate could take a year or more.

Regular New Jersey Probate: One Year or Less Closing an estate can take just a little over nine months if there's no litigation, no problems determining beneficiaries, and no creditor issues. However, that is, of course, without any difficulties; if there are a few problems in your case, it can take up to a full year.

In the state of New Jersey all probate cases go through the county Surrogate Court (PDF). The Surrogate Court will distribute the required legal documents: either "Letters of Testamentary" for an executor or "Letters of Administration" for the administrator. Then, the probate proceeding begins.

More info

If you need to appear in probate court, make sure you're prepared. Use this Probate Document Checklist to gather everything you'll need ahead of time.Probate Court Clerk Forms and Instructions. To use the fillable version of each form, click on the download icon in the form navigation bar. Shares Placed in State Treasury- Application and Claim for Share . Please complete as much of this form as possible before you see the Clerk. REQUIREMENTS FOR PROVING A WILL: The Clerk cannot probate a will until certain. PA1P - Probate Application (this form) - where a person who has died has left a will. Inheritance Tax Summary Form: Please submit the appropriate form. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you.

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New Jersey Application For Probate