Probate starts after someone passes away and their estate has to be handled through the court. You are asking the court to accept the will and give you the authority to act for the estate. That includes showing the will meets New Jersey’s requirements under N.J.S.A. 3B:3-2. Once the court approves it, you are allowed to step in as executor.
After that, you work through each part of the estate one step at a time. You identify what the person owned. You take care of any debts that need to be paid. Then you transfer what is left to the people named in the will. The court expects you to stay organized and follow the required steps while the estate is being handled.
When Probate Is Required and When It Is Not
Not every family has air-tight estate plans that have to go through probate. It depends on how things were arranged before the person passed away. Some assets transfer on their own without court involvement. Others cannot move until the Surrogate signs off.
Here are the situations where probate is usually not required:
- Assets held in joint ownership pass directly to the surviving owner. That transfer happens by operation of law, not through the court.
- Accounts with a named beneficiary go straight to that person. This includes things like life insurance policies and certain bank accounts.
- Property placed in a trust is handled by the trustee. The court does not need to step in because the instructions are already in place.
If assets do not fall into one of those categories, probate is usually required. That means you will need to go through the Burlington County Surrogate’s Office to be formally appointed. Once that happens, you have the authority to act on behalf of the estate and start handling what needs to be done.
What Happens After You File for Probate
Once you file the paperwork with the Burlington County Surrogate’s Office, the court reviews the will and your application. If everything is in order, you are officially appointed as executor and given the authority to act under N.J.S.A. 3B:10-23. This is when you can start handling the estate, not before.
After that, you send notice to the people named in the will so they know the estate is being handled. From there, you begin gathering assets and addressing any debts that need attention. When that work is finished, you distribute what remains according to the terms of the will.
Where Probate Can Get Complicated
Your Cinnaminson NJ estate lawyer often sees estates move along without much trouble. Other times, you hit a snag that slows everything down. That happens in about 1 in 4 estates, according to EstateExec. Here are the issues that can hold things up:
- Family disputes over assets
- Missing or unclear wills
- Business ownership in the estate
- Debts exceeding assets
- Property located outside New Jersey
What an Executor Is Responsible for During Probate
Once you are appointed, you are the one in charge of handling the estate. That means you step in and take control of the assets that belong to it. You might need to secure a home or access financial accounts so you can see what is there.
After that, you handle any debts tied to the estate before anything is passed on. That can include paying outstanding bills or addressing claims that come in. When that part is finished, you move on to transferring property to the people named in the will. The court expects you to follow the terms of the will and keep everything organized along the way.
What You Should Do First as an Executor in Cinnaminson
You have been named executor, and it is not always obvious where to begin. Before anything gets filed, there are a few things you need to get in place so you are not scrambling later.
Start by getting these items handled:
- Obtaining certified copies of the death certificate
- Locating the original will
- Securing the person’s home and personal property
- Identifying immediate expenses like funeral costs and ongoing bills
- Contacting banks and financial institutions
- Gathering important documents and account information
- Getting ready to file with the Surrogate’s Office
As you work through this, keep track of what you find and what you are still trying to locate. Write things down as you go so nothing gets missed. You may also need to open an estate account once you are appointed, since you should not be using personal funds to handle estate expenses. Keeping everything separate from the start makes it much easier to account for later.
Keeping Records During Probate is Critical
As the executor, you are expected to keep track of everything tied to the estate. That includes how money is handled and what happens with any property under your control.
Make sure you are keeping records of things like:
- Bank account balances at the date of death
- Bills that are paid from estate funds
- Any money coming into the estate
- Property that is sold or transferred
- Communications with beneficiaries
- Receipts for expenses you cover
This is not just for your own organization. You may be asked to show what was handled and when it was done. Having that information in one place protects you if questions come up later and makes it easier to close out the estate when the time comes.