The NJ probate process can be confusing and emotionally draining for families already dealing with loss. Probate ensures that a deceased person’s will is validated, debts are settled, and assets are distributed properly. Understanding how it works helps families make informed decisions and avoid unnecessary complications.
What Happens During Probate?
Probate begins when the executor—named in the will—files paperwork with the Surrogate’s Court in the county where the deceased lived. The court issues “Letters Testamentary” and a “Short Certificate” giving the executor authority to manage the estate. From there, the executor must collect assets, pay taxes and debts, and distribute the remaining property according to the will.
Executor Guidelines: Your Role and Responsibilities
If you’ve been named Executor of someone’s estate, you have an important job — to make sure their wishes are carried out and the estate is handled properly.
Here’s an overview of your main duties, explained in plain language:
1. Notify Heirs and Beneficiaries
Within 60 days after the Will is probated, you must send a written notice to everyone who is named in the Will (beneficiaries) and the next-of-kin.
Your notice should include:
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The date and place of probate
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Your name and address as Executor
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A statement that anyone can request a copy of the Will
You must then file proof that you sent these notices to the Surrogate’s Court within 10 days. If you don’t know someone’s address, you’ll need to publish a notice in a local newspaper. If any charity is named in the Will, you must also notify the New Jersey Attorney General’s Office in Trenton.
2. Collect the Estate’s Assets
You’re responsible for identifying and securing everything the person owned — bank accounts, investments, property, and personal belongings.
It’s often best to open a separate estate checking account to track all money coming in and going out.
You’ll need a tax identification number (EIN) for the estate.
3. Pay Debts and Expenses
Before anyone can receive an inheritance, the estate’s bills, taxes, and expenses must be paid.
This includes:
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Final medical and funeral costs
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Outstanding debts
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Legal and administrative expenses
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Any state or federal taxes owed
4. File Tax Returns
You’ll need to file the necessary State and Federal tax forms for the estate and pay any taxes due. This may include an inheritance or estate tax return, depending on the size and type of assets.
5. Keep Records and Prepare an Accounting
You may be asked to show how the estate’s money was managed.
An informal accounting (a summary of all income and expenses) can usually be requested by the heirs after one year from the date of probate.
Keep detailed records of everything you collect, pay, and distribute.
6. Executor’s Commission
New Jersey law allows Executors to be compensated for their work:
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5% of the first $200,000 of the estate’s value, plus
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6% of any income earned while the estate is being administered