Legal Question in Wills and Trusts in New Jersey

Re: my sister filed probate and has done nothing

Your aunt died testate (with a Will), as did your Dad. Your Mom died intestate (no Will), so her estate, if any, needs to be handled by administration (a form of probate where there is no Will). Several comments: By law, if you were named in the Will, you should have been given a copy and you are entitled to see it. If none was provided by the Executor or the attorney representing the Executor, you can request it from them. If they refuse, a Will is a public document and you can see it at the Surrogate's office, or obtain a copy for a small fee. Wether or not there was a Will, the "probate" estate consists of individually owned assets. If all assets held by your parents were registered in joint names (like the house, bank accounts, stocks, etc.), they automatically go the the survivor and formal probate or administration is not required to transfer the assets. Personal property must go through probate (like jewelry, cars, furniture and furnishings, etc.). So even if all hard assets were owned jointly by your parents, some administartion may be required for your Mom's estate. Children are equally entitled to be appointed administratots, unless they renounce their right to be appointed. So, both you and any siblings are all entitled to be appointed. Whether this is required, and to what extent it may be necessary, depends upon asset values and property involved. Adminsitration usually requires the appointee to be bonded, with the amount of the bond determined by the value of assets to be administered. If you need more information, contact me directly.