What Happens if You Die in New Jersey Without

a Will or Without a NJ Trust?

New Jersey Probate and Estate Administration Without a Will or Without a Trust:

When no Will or trust exists, real and personal property is not distributed according to the decedent's wishes. Rather, it is distributed according to the statutes of New Jersey.  That is why New Jersey estate planning with a Will or trust is so important. If the deceased had assets in his or her name only, probate is required and an administrator for the estate must be appointed. If the deceased owned assets or property jointly with another person or in trust, probate is not necessary and his or her ownership interest automatically reverts to the surviving owner. Tax filings may be required however.

If there is a surviving spouse, civil union or domestic partner, and the property in the name of the decedent does not exceed $20,000.00 a simple Affidavit of Surviving Spouse, Civil Union or Domestic Partner may be issued allowing the husband, wife, partner to dispose of the property without the necessity of a formal administration.  When there is no spouse, civil union or domestic partner and the property does not exceed $10,000.00, a close relative can be issued an affidavit to handle the disposition of the estate.

If the total assets of the deceased exceed $20,000.00 in the case of a surviving spouse, civil union or domestic partner ($10,000.00 in the case of other close relatives) the County Surrogate must appoint an administrator. Before someone is appointed, all next of kin of the deceased must renounce their rights to be administrator. The decision to renunciate should only be made after consultation with an experienced New Jersey Estate Administration or New Jersey Probate attorney. Significant legal rights may be affected by an ill advised refusal to serve as an administrator to an estate administration. 

When probate is required, an interested party must file an affidavit of administration no sooner than ten (10) days after the date of death. The Surrogate's Office needs a number of documents from the individual who applies to be the Administrator of the Estate in order to process the application.  When an individual submits the required information to be the administrator of an estate, the next step involves a determination of whether there is the need for an estate bond. The bond acts as an insurance policy that the Administrator will perform his or her duties. Once the necessary forms are executed, and any required bond returned, the Administrator will receive letters of administration and administrator certificates. Estate bonding involves a financial evaluation of the prospective administrator by the bonding company. In some cases, an Administrator will be denied a bond and will not be able to serve as a personal representative to the estate if their credit rating is not acceptable. 

Contact Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com or call him toll-free at (855) 376-5291 should this be your case.  The firm has served as substitute administrators in appropriate cases.

New Jersey law establishes who will inherit the estate according to kinship.  When there are no known relatives, the estate is considered to be in escheat and all property goes to the State of New Jersey.

With Fredrick P. Niemann, Esq., our experienced New Jersey Estate and Probate Attorneys and staff can be a tremendous resource to make the admission process easier and efficient. Making a decision to be an Administrator of a New Jersey Estate or renouncing your right to be an Administrator should not be hastily done. You may be placing substantial risk upon yourself or giving up valuable rights with an inappropriate decision.

Who May Act As Administrator in the Probate of an Estate in New Jersey?

Behind a spouse or partner, the children of the deceased are next in line to act as administrator. Normally, only one child can act in this capacity; for example, if a decedent has four children, three children must renounce in favor of the other. If no children survive the deceased but he/she is survived by both parents, one parent must renounce in favor of the other. If no child or parent survives the deceased but he/she is survived by three grandchildren, two grandchildren must renounce in favor of the third. If no children, parents, or grandchildren survive the deceased but he/she is survived by five brothers/sisters, four brothers/sisters must renounce in favor of the fifth.  As previously stated, renunciation is a serious decision that should be carefully evaluated in order to protect and ensure that all functions of executor/administrator are performed properly.

For clarification of this important issue contact Fredrick Niemann, Estate Administration Attorney at fniemann@hnlawfirm.com or call him toll-free at (855) 376-5291.

Who are the Beneficiaries of a New Jersey “Intestate Estate”

Without a Will?

When there is no Will, the law defines who will inherit an estate:

A spouse, civil union partner, or domestic partner and children of the decedent or their descendants are given first priority. Thereafter, grandchildren take their deceased parent's share unless all children are deceased, then all grandchildren share equally.

If there is no spouse, civil union partner, or domestic partner and no civil union or domestic children then the persons surviving parents will take all. If no parent survives, brothers and sisters of decedent will take equally. Nieces and nephews will take their deceased parent's share.

HOWEVER, the State of New Jersey takes your property if you have no civil union or domestic partner or spouse; child or descendant; brother or sister or their descendant; grandparent; or uncle or aunt or their children or their grandchildren. The estate is considered to be escheat. Escheat in New Jersey is not a good thing to happen to you or your family. That is why a properly and well thought out Will or Trust is so important as part of a New Jersey Estate Plan.

To learn how to avoid escheating your estate to New Jersey, contact Fredrick P. Niemann toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.

Probate Law attorney serving these New Jersey Counties:

Monmouth County, Ocean County, Essex County, Cape May County, Camden County, Mercer County, Middlesex County, Bergen County, Morris County, Burlington County, Union

County, Somerset County, Hudson County, Passaic County

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