Sussex County Probate Lawyers
Effective Newton attorneys resolve estate matters
If you’ve been designated to act as an estate executor or administrator, you might have questions about your responsibilities. Our Sussex County probate lawyers at Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC can address your concerns and assist you in properly navigating the complex process of settling the affairs of the decedent. For the convenience of our northern New Jersey clients, we provide legal support from our Sussex County office in Newton, as well as Succasunna in Morris County.
What is probate?
Probate is the court-supervised process of settling a deceased person’s estate. During probate, the will is validated, the decedent’s assets are distributed to their beneficiaries and their debts and taxes are paid. As experienced probate attorneys in New Jersey, we will explain the entire process and guide you through it from start to finish.
The probate process in New Jersey
Probate takes place in the Surrogate’s Court in the county where the decedent lived. Steps in the process include the following:
- Submitting the will to the court for validation
- Making an inventory of the decedent’s assets and debts
- Paying any debts and taxes owed
- Notifying beneficiaries and distributing assets to them after debts are paid
- Providing a complete financial accounting to the court so that probate can conclude
Not all estates must go through the formal probate process. Some are eligible for simplified probate depending upon the value of the estate and other circumstances. We can advise you about the process for your specific situation.
Validating a will in New Jersey
To validate a will in New Jersey, the executor provides the will and a certified copy of the death certificate to the Surrogate’s Court. How long validation takes depends on whether there are any questions about its authenticity. When a will is self-proving, it may speed up the validation process. Self-proving means that a will was notarized at the time of execution. Accordingly, witnesses need not be tracked down to affirm that they signed the document. Our probate lawyer can answer your questions about steps to validating a will. One of our experienced Sussex County estate planning attorneys can also help with drafting a will that can stand up to the probate court’s scrutiny upon your death if you are looking to create or revise your own estate plan.
The role trusts play in the probate process
Assets that are placed in trusts do not pass through the probate process. Instead, these assets go to the designated beneficiaries in accord with the trust’s instructions. This can accelerate the transfer of property, which is one reason why some people put assets into trusts. Often, a person may be both the executor of the decedent’s estate and also trustee responsible for administering the deceased person’s trust. You can rely on our law firm to provide clarity regarding your responsibilities both as trustee and estate representative.
What does a New Jersey probate attorney do?
Probating an estate can be a time-consuming and stressful process. If you make a mistake, you could squander estate assets and even face legal liability. A New Jersey probate attorney will help you properly carry out your duties. In addition to providing legal guidance, one of our knowledgeable probate lawyers can assist with the following:
- Preparing and filing documents with the court
- Locating assets and having their value appraised
- Managing payment of taxes and debts
- Finding and notifying beneficiaries
- Representing the estate in legal disputes over the validity or administration of the will
- Overseeing the distribution of property and assets
This is not an all-inclusive list of what a probate attorney does. Once we understand your circumstances, we’ll explain what specifically needs to be done.
Contact a well-informed New Jersey probate attorney for assistance
Our skilled lawyers at Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates LLC help executors and estate administrators in New Jersey effectively navigate the probate process, from offices in Newton and Succasunna. Call 973-737-1023 or contact us online to schedule a consultation with an experienced probate attorney.
