When a loved one passes away, handling their estate can feel overwhelming—especially if it needs to go through probate. Understanding what to expect can make the process far less stressful and help you avoid common pitfalls.

What Is Probate?

Probate is the legal process used to validate a person’s will and ensure their assets are distributed according to their wishes—or, if there’s no will, according to New Jersey’s intestacy laws. The Surrogate’s Court in the county where the deceased lived oversees this process.

Filing the Will and Appointing an Executor

If the deceased left a will, it must be filed with the county Surrogate’s Court. The court then appoints the executor named in the will to manage the estate. The executor’s role includes gathering assets, paying debts and taxes, and distributing what’s left to beneficiaries.

If there is no will, the court appoints an administrator—usually a close family member—to perform the same duties under state law.

Notifying Heirs and Creditors

Once the executor or administrator is appointed, they must notify all heirs, beneficiaries, and known creditors. Creditors typically have a set period—usually around nine months—to make claims against the estate. Managing these notifications correctly is important to avoid disputes or delays later in the process.

Inventorying Assets and Paying Debts

The executor must identify and value all estate assets, from real estate to bank accounts and personal property. Debts such as outstanding bills, taxes, or loans must be paid from the estate before any distributions can be made. This stage often takes time, particularly if there are complex assets or disagreements among heirs.

Distributing Assets and Closing the Estate

Once debts and taxes are settled, the executor distributes the remaining assets according to the will—or under intestacy rules if there isn’t one. After distributions are made, the executor files a final accounting with the court to close the estate.

How Long Does Probate Take in New Jersey?

Most estates take between six months and a year to settle, depending on their size and complexity. Simple estates with a clear will and cooperative heirs can move quickly, while contested or tax-heavy estates may take longer.

Can Probate Be Avoided?

In some cases, yes. Assets placed in a trust, held jointly with rights of survivorship, or designated to a beneficiary (like life insurance or retirement accounts) can pass outside of probate. Many families work with an estate planning attorney to minimize what must go through the court process.

Why Legal Guidance Matters

Probate involves deadlines, filings, and court procedures that can be confusing without legal experience. An attorney can guide you through each step, ensure compliance with state law, and help prevent disputes among family members.

Contact us today to schedule a consultation and take the first step toward securing your family’s peace of mind.