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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.
In New Jersey, creditors have nine months after death to stake a claim against an estate. If the claim is not made within those nine months, the courts may dismiss the claim and leave the creditor empty-handed. This is why notice of death from the executor to the creditors is so important.
A notice to creditors is a public notice filed by the appointed estate executor and is used to facilitate probate proceedings. The court appoints the executor named in the will, and the individual acts as the personal representative of the deceased's estate.
Basic Requirements for Serving as a New Jersey Executor The court must appoint that person unless there is clear evidence that he or she acquired the position through fraud or misconduct, is incapacitated, or otherwise unsuitable to serve. (See N.J. Stat. Ann. § 3B:14-21; 77 N.J. 316.)
Unfortunately, ?(Detail Deceased's name) ?passed away on ?(Detail Date)?. I enclose a copy of their death certificate. They didn't leave behind any assets and there is no money to pay what they owe. Please consider writing off this debt because there is no prospect of you ever recovering any money towards it.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.
After nine months, and if there are no unpaid or pending claims, the executor can distribute the assets and issue a declaration of discharge. Closing an estate can take just a little over nine months if there's no litigation, no problems determining beneficiaries, and no creditor issues.
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.