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Under New Jersey Court Rule -1, a New Jersey resident has four months from the date of probate to challenge a will. Someone who resides outside of New Jersey must file the appropriate legal papers within six months of the date of probate.
In general, New Jersey's probate process for most estates is relatively simple and affordable. The state only requires you to probate a will if there are probate assets included. A probate asset is one that does not already have a beneficiary designation through other means.
The Executor must bring the original Will, certified copy of the death certificate, a list of the names and addresses of the decedent's next of kin, and a check book to pay various fees and costs. Once the Surrogate deems the Will to be valid and authentic, it will issue letters and certificates to the Executor.
Surrogate Court Administration ? When someone dies without executing a Last Will and Testament, the Surrogate's Court appoints an administrator/administratrix and issues letters authorizing the transfer of assets in the decedent's name.
The word ?Surrogate? means one who takes the place of another. Each county has a Surrogate's Court, with the Surrogate acting as the Judge of that court. The Surrogate is elected for a term of five years pursuant to the Constitution of New Jersey.
If you need additional help or documents from the Surrogate's Office, such as a Surrogate Certificate (a document confirming that the will has been probated, and an Executor/Administrator has been appointed), please call us at 973-285-6500.
The Surrogate, a Judge of this Court by New Jersey Constitution, is the person who passes on the validity of a Will, gives the executor proof of authority to administer the estate and sees to it that the executor handles the estate properly.
A short certificate is the document issued by the Surrogate the Executor will use as proof of their authority to transfer or sell the decedent's assets. A short certificate will be needed for the transfer or sale of any asset in the decedent's name alone.