Legal Question in Wills and Trusts in New Jersey

My sister & I are executors of moms will. Was told to go to Surrogates office after 10 days with death cert. and orig. will. Will we have to go to court? Estate is a few small investments in a local bank and co-op in retirement village. Next steps? Do we need attorney? 3 children inherit. No other bequests


Asked on 6/17/12, 4:04 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

The Surrogate's Office is usually located within the County court building. It is not a trial or adversarial process, unless, of course, an heir contests the will.

Banks, co-op real estate, and other investment vehicles usually require evidence that you've been officially accepted as the executors. Filing the will with the Surrogate's Office is how you receive Letters Testamentary issued by the Surrogate. The Letters or official copies are what you provide to the banks, etc., in order for them to transfer the assets to the estate. The administration includes finding out all of the debts, paying them and taxes due, and then the estate assets may be distributed to the beneficiaries.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/17/12, 7:44 am


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