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Generally, beneficiaries have to wait a certain amount of time, say at least six months. That time is used to allow creditors to come forward and to pay them off with the estate assets. (In some cases, an executor may make partial distributions to the heirs after he or she estimates the debts.
New Jersey law states that executor fees should be: 5% of the first $200,000 of all assets (real and personal); 3.5% on the excess over $200,000 up to $1,000,000; and 2% on the excess over $1,000,000.
An estate can be closed in one of four fashions: (1) the funds can simply be distributed directly by the Executor or Administrator to estate beneficiaries; (2) the funds can be distributed to heir(s) after each signs a Release and Refunding Bond waiving his or her right to a formal accounting; (3) distribution can be ...
If the decedent has assets solely in his/her name at the time of death then the Will must be probated regardless of the value of the estate. You probate in order for the named executor in the Will to be given the authority to transfer the assets both real and personal to the estate.
3B:22-4. Creditors of the decedent shall present their claims to the personal representative of the decedent's estate in writing and under oath, specifying the amount claimed and the particulars of the claim, within nine months from the date of the decedent's death.
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.
The Estate Settlement Timeline: While there is no specific deadline for this in New Jersey law, it is generally best to do so within a month to prevent unnecessary delays in the probate process.
Beneficiaries have the right to be informed As a beneficiary, you are entitled to have an accounting from the executor, also known as a personal representative or fiduciary.