Legal Question in Wills and Trusts in New Jersey

My husband is recently deceased. There was not a will. We jointly purchased a home with approximately 15k remaining on the original mortgage and approx 40k on an equity line of credit. Do I need to file with surrogate court and start probate? And how do I go about that? Passaic county NJ location. Do all documents pertaining to house/debt need to be ammended? Thank you.

Asked on 9/13/12, 9:23 am

3 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

The deed and the debt do not need to be amended. Depending on whether there are assets of any kind in your husbands name will decide if you need to probate the will. I suggest that you call my office and set up an appointment.

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Answered on 9/13/12, 9:30 am
Robert Davies The Davies Law Firm, P.A.

Let me know if you want a lawyer to help. I go to court in Paterson a lot, and you are close by.

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Answered on 9/13/12, 9:38 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Larry, that nothing needs to be done with the Deed, as you are the surviving spouse. If there are personal assets (like a bank account) in his name alone, you might need to be appointed Administrator of his estate to close the account. Joint accounts are yours by survivorship, as are retirement accounts or life insurance where you are the designated beneficiary. There is also a small estate procedure available if you need it and personal assets are below $10,000 in value.

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Answered on 9/13/12, 10:21 am

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