The Probate Process in New Jersey
By: Sergio Simoes, Esq. | May 2025
What is Probate?
Probate is the legal process of distributing (or administering) a deceased person’s assets according to their valid will or, if there is no will, according to state law.
The Probate Process
The probate process in New Jersey typically involves the following steps:
Filing a Petition for Probate: The first step in the probate process is to file a petition with the Surrogate’s Court in the country where the deceased person resided. The petition must be filed by the executor named in the will, or if there is no will, by the administrator appointed by the court.
Appointing a Personal Representative: The court will appoint a personal representative to oversee the probate process. The personal representative is responsible for notifying heirs and creditors, gathering the deceased person’s assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries.
Inventorying the Estate: The personal representative must inventory all deceased person’s assets, including real estate, bank accounts, investments, and personal property.
Paying Debts and Taxes: The personal representative must pay all of the deceased person’s debts and taxes, including federal estate tax, state inheritance tax, and outstanding debts.
Distributing Assets: Once all debts and taxes have been paid, the personal representative must distribute the remaining assets to the beneficiaries according to the terms of the will, or if there is no will, according to state law.
When to Start Probate?
While New Jersey doesn’t have a strict deadline for filing probate, it’s crucial to begin promptly to avoid complications like frozen bank accounts, unpaid bills, and missed creditor claim deadlines, as creditors have generally only nine months from the date of death to file claims, regardless of when probate begins. Starting the process early ensures timely notification to heirs and creditors, and helps manage outstanding debts, ultimately streamlining estate administration.
Can the Probate Process be Avoided?
To sidestep the lengthy, costly, and public probate process, several strategies exist. Joint ownership, where assets automatically transfer to the surviving owner, bypasses probate entirely. Similarly, beneficiary designations on accounts like IRAs, 401(k)s, and life insurance policies ensure direct transfer to named individuals. Living trusts offer another avenue, allowing you to control assets during your life and avoid probate upon death. Gifting assets before passing also removes them from your estate, preventing probate involvement. These methods streamline asset distribution, maintain privacy, and reduce costs.
Preventing Probate Issues:
There are several steps you can take to avoid potential pitfalls when going through the probate process in New Jersey:
Create a Valid Will: A valid will is the best way to ensure that your assets are distributed according to your wishes.
Choose a Qualified Executor: The executor you choose should be someone you trust and who is capable of handling the responsibilities of the role.
Hire an Experienced Attorney: An experienced probate attorney can help you navigate the probate process and protect your interests.
Keep Accurate Records: Keeping accurate records of your assets and financial affairs can help to streamline the probate process.
Let Us Help!
The probate process can be complex and lengthy, taking several months or even years to fully complete. However, by taking steps to plan ahead and working with an experienced attorney, you can help to ensure that the process goes as smoothly as possible. If you have any questions about probate in New Jersey, pelase contact Sanchez Law. In addition to our probate services, Sanchez Law can support clients with, among other services:
Basic Wills and Estates;
Residential Real Estate Transactions;
Commercial Real Estate Transactions;
Lease Negotiations;
General Business Counsel; and
Business Entity Formation.