How to Sell A Probate Properties In NJ
Sorting through a loved one’s belongings can be overwhelming enough when you’re wondering who might like the coin collection or those Prince albums—let alone what happens to a house.
Should the property stay in the family or sell the property? Before you discuss that with other relatives, you’ll need to determine where you stand legally. Even if your loved one left a will, the estate, including the house, still may need to go through probate, depending on factors such as where you live and how much the decedent’s assets are worth.
What is Probate
Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. In general, probate property is distributed according to the decedent’s last will, if there is one, or according to state law if no will exist.
When does probate begin in NJ?
An Executor must wait at least ten (10) days from the death of the decedent to probate a Will. Probate must occur before the Surrogate in the County of the decedent’s residence at the time of death.
What is the probate process in New Jersey
- Check the death certificate to determine which Surrogate’s Court the probate will be entered. The probate proceeding must be filed in the county where the decedent resided at the time of death.
- Check the Will to be sure that it is the original Will, not a conformed or plain copy. Only an original Will may be entered into probate by the Surrogate’s Court.
- Determine who the named executor is in the Will and whether he/she/they will qualify.
- Check to see if the Will is “self-proved” (N.J.S.A. 3B:3-4). If not, a witness needs to be located to execute a Proof of Witness.
- List all the assets solely in the decedent’s name in order to determine the number of short certificates that will be requested.
- List all immediate next of kin with names, addresses, and ages, if minors. If there are any deceased next-of-kin, then their issue must be named.
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