Estate Probate Attorney in Northern, NJ

Estate Probate Attorney in Northern, NJ

Deborah L. Pico - Attorney At Law

When a loved one passes, the estate of the decedent must be probated in order to transfer the assets to the beneficiaries and pay the debts of the decedent. There are many steps to go through before the estate can be finalized and the assets distributed to the heirs. We have a great deal of experience in guiding you through the probate process. Whether the estate is in New Jersey or New York, we can help.

In some instances, probating of the estate can be complicated by all sorts of factors. The original Will may be lost and there might only be a copy of the Will, the Executor may not want to serve, the Will may have been signed by the Testator under duress, there may only be a handwritten Will, heirs may have died and the order of inheritance may be unclear. When things like this arise, it is important to have legal representation so that the estate is handled properly and your rights are protected, whether you are the Executor, Administrator or beneficiary. If you need to institute suit to protect your rights, we have experience in probate litigation and are willing to step into these matters as needed.

Every county in New Jersey and New York has a Surrogate, and an estate must be probated in the county where the decedent resided at the time of death. We have practiced in most counties in New Jersey and New York and are familiar with the individual nuances of each county Surrogate. To begin the probate process, you must have the original death certificate in your possession and the original Last Will and Testament of the decedent. You must be named as Executor in the Will in order to probate the estate, and secure Letters Testamentary appointing you Executor. If there is no Will, in order to probate the estate, you will need to be the next of kin, and ask the Surrogate to issue you Letters of Administration and appoint you as Administrator of the estate.

Depending upon what the Will states, the Executor must follow its terms, pay debts and ultimately distribute assets to the beneficiaries and conclude the estate. If there is no Will, there is a statutory schematic as to how to probate the estate, who inherits, and what debts need to be paid. Once that has been accomplished, assets of the decedent will need to be marshalled together, and debts of the decedent will need to be gathered. Either formal or informal accounting will need to be done, depending upon each individual estate’s needs.

There are many factors that impact whether there is an inheritance tax, estate tax or federal tax due from the estate, including the relationship of the beneficiaries to the decedent (i.e. spouse, child, grandchild, friend, nephew, niece, charity, and on and on), classification of beneficiaries, the value of the estate, the type of assets to be distributed, and whether the assets have a named beneficiary or not. This can be complex in certain estates. Securing an experienced probate attorney early is imperative for any Executor or Administrator, and for the orderly distribution of the estate pursuant to the decedents wishes.