Probate

Englewood Probate Attorney

Guiding NJ Clients Through the Probate Process

Probate is the process of passing assets and real property to heirs and beneficiaries. When a person passes, a will usually goes through probate court and the executor is responsible for making sure that the deceased wishes are followed. The probate process is a complicated one. In probate, the administrator of the estate must provide the appropriate notices, pay the necessary debts of the estate, gather and manage assets of the estate, and distribute assets to the beneficiaries. For certain estates, the administrator may have to file inheritance and estate tax returns. When asked to be the administrator of an estate, it is important to consider the monumental task ahead of you. Having the right guidance is best and The Radol Law Firm is here to serve. For over 30 years, The Radol Law Firm has been a legal resource for people who need to develop comprehensive estate plans and those who have been asked to administer the estate for the deceased. If you are the administrator of an estate and need legal guidance to ensure that you are fully satisfying your obligations, contact The Radol Law Firm for a consultation today.

Testate and Intestate

Testate is the term used when a person dies with a will. That person is said to have died “testate.” The Surrogate’s Court supervises the probate of the will and the executor follows the wishes of the deceased. If there are any objections to the validity of the will, a probate action is brought in Superior Court.

Intestate means that a person has died without a will. They are said to have died “intestate.” Probate court will pick a person to supervise the estate administration, following the laws of New Jersey.

Admitting a will to probate

One must wait 11 days from the date of death to admit a will to probate, according to New Jersey law. For the process to begin, the executor must file the will and a certified copy of the death certificate with the surrogate’s court with jurisdiction, usually the court in the county where the deceased resided at the time of death. Once assets are ready for distribution, the executor will require the beneficiaries to sign something called a Release and Refunding Bond, waiving their right to request a formal accounting of the estate and any future interest in the estate. Simply put, this document declares that each beneficiary is satisfied and the estate can be settled. At this point, assets are distributed and the estate can be closed.

Contact The Radol Law Firm

Probate is a complicated process for the family and the person chosen to administer the estate. With the legal guidance of an experienced and effective attorney, the process of probate can be handled with ease. Though the obligations that need to be satisfied when bringing a will to probate can be overwhelming, our firm can help you navigate these legal matters. Contact The Radol Law Firm for a consultation.