Probating a Will in New Jersey
Parsons & Nardelli, estate lawyers, have had a primary focus on New Jersey probate wills and probate litigation for more than a decade. "Probate" is the process, supervised by the Surrogate Court, of determining whether a will is valid. When a person dies, his property is distributed to his heirs either as he has directed in his will, or, if there is no will, according to the probate laws of New Jersey.
The Surrogate Court appoints an executor if there is a will, or an administrator, if there is no will, who oversees the collection of the assets of the estate, the payment of debts and taxes by the estate, the settlement of any claims against the estate, and finally the asset distribution of the real and personal property of the estate. By probating the will, the court assures that the intentions of the person who has died are understood and protected. Beneficiaries and heirs are also protected in the probate process, as the distribution of the property can be made with finality.
Beneficiaries or those who would have been beneficiaries under New Jersey law if there had been no will may challenge the validity of the will in the probate process. Disappointment is not grounds for a challenge; rather, the mental state of the person whose will is being probated, or the actual will document itself, are the only legal grounds to challenge a will. That contest, which takes place as part of probate, is decided by the Surrogate Court, and any challenge must be resolved before property can be distributed. Court costs are paid from the estate, as well as fees (set by law in New Jersey) that are paid to executors and administrators.
Parsons & Nardelli, probate lawyers New Jersey, have unparalleled experience in probate, estate matters, and litigation.
