Blog: Probate & Estate Administration

Being selected as an estate executor may be an honor. Before accepting this position, however, you should understand the important probate and estate administration duties that executors must perform. The estate Executors act on behalf of the testator who signed the will and handle all the testator’s financial and other final arrangements. New Jersey law also governs these duties. Regardless of the estate’s size, you must determine whether you have the time and knowledge to...

A will lays out how a New Jersey resident wants their property distributed upon their death. This means if someone dies without creating a will, the intestacy laws of that state dictate how property will be handled. This means the decedent’s bank accounts, real estate, securities and all other assets will be allocated to someone in a manner the decedent had probably not intended. Intestacy laws differ state by state and whether the person was...

Probate takes place after a person dies to assure that their estate is distributed correctly. There are many things to know about probate if you are preparing your estate plan, you rea a beneficiary or you were selected as the executor responsible for probate and estate administration. Probate defined This is a court-supervised process, governing most estates, to take control of the decedent’s assets and to transfer ownership from a decedent to their beneficiaries. The...

Most people in New Jersey never have any contact with the court system outside of, perhaps, a traffic violation. That’s why when you have been named the executor of a deceased loved one’s estate, you may have a wide variety of questions about the process. Working through probate and estate administration issues can, indeed, be complex at times. For example, one of the most important steps the executor of an estate needs to accomplish is...

In New Jersey, probate is a legal process intended to distribute a person’s property after their death. While probate is not always required in New Jersey, it is generally required if the decedent owned assets in their own name. Non-probate assets can typically skip the probate process and will automatically be transferred to the new owner. For example, if the decedent owned property as a joint tenant with a right of survivorship, the property will...

The death of a spouse is a traumatic event for a family. Besides the intense grief that the death of a spouse brings, there is also a lot of paperwork and other details to get through. While going through a spouse’s affairs a person may find they had a credit card they didn’t know about. If a deceased person had a credit card in their name their spouse may wonder if they are liable for...

Your will is a critical component of your New Jersey estate plan. Keep in mind, though, that the executor cannot distribute the assets that you list in your will to your beneficiaries until after the probate process. At Ritigstein Law, LLC, we often assist clients with tools to minimize the waiting period for beneficiaries. Trusts Perhaps you want to leave a certain amount of money or other assets to each of your children. FindLaw points...

Probate is often talked about in a negative way, but it is not always a bad thing. The general idea of probate, according to the American Bar Association, is to provide protection and prevent your assets from going to someone who has no right to them. Reports of probate being a long process that is incredibly expensive are often exaggerated. What you will find is that most New Jersey probate cases move through the court...

While the emotional effects of losing a loved one can linger for a long time, there are some important realities those close to the deceased will have to deal with in the short term. One of those important items will be the disposition of that person’s property, known as the process of estate administration. When a person passes away, that person’s estate enters probate, which is directed by the courts. The court will oversee this...

Being chosen to be the executor of an estate in New Jersey is an honor, but it is also a role that carries with it many responsibilities. Probate and estate administration is governed by state law. However, in general, there are a number of duties the executor of an estate is obligated to fulfill. The executor must locate the assets of the deceased. Once located, the executor must make sure those assets are kept...