Depending on which states you own assets in and how much estate planning you have done, there may be a need for supervised or unsupervised probate after you pass away.

Probate is the formal legal process for transferring your assets after you pass away, and it is important to remember that not every asset you own is part of your probate estate. However, there are sometimes situations in which non probate assets are brought into a probate estate.

Both kinds of probate administrations do require some level of court involvement, but a supervised probate situation requires much more court involvement, because nearly every action taken by the executor or personal representative must be formally approved by the court. There is much less court involvement, however, in an unsupervised probate administration, because the court will appoint a personal representative and then tell him or her to manage all of the assets by filing an inventory with the court.

At that point, the personal representative has a lot of discretion regarding following either intestate succession rules or the terms of the person’s will, and at the conclusion of this a report is submitted to the court.

The more estate planning you do, the easier it will be for your loved ones to receive the assets that you have set aside for them. contact an experienced estate planning lawyer to learn more about which assets are part of your probate estate, and how advanced planning can help your loved ones in the future.

If you need help understanding an upcoming New Jersey probate, set aside a time to meet with an estate planning lawyer to discuss your options.

When a loved one passes away who lived in New Jersey there are many questions that must be answered regarding the administration of their estate. Certain small estates may qualify for a probate shortcut. This makes it much faster and easier for surviving family members to transfer property left behind by the person who passed away. You may be able to transfer significant amounts of property using this probate shortcut if the simplified probate procedure applies.

An executor must submit a written request to the local probate court asking for the simplified procedure to be used. The court can then approve that executor to take the action of distributing assets without going through the regular process of probate. If there is no valid will and the value of all property doesn’t exceed $20,000, the domestic partner or surviving spouse is entitled to all of it without probate, but they must use all of it except for $5,000 to pay any creditors who have valid claims.

In order for the request to be approved, it must include the deceased person’s residence location and the nature and value of any real and personal property owned by that person. For more assistance with understanding the simplified probate procedures in New Jersey, schedule a consultation with an attorney today.

The more you know about your own estate size, the easier it is to determine which kinds of planning options you must consider moving forward. You can make things easier for your loved ones by setting up an estate plan well in advance. Contact our NJ estate planning office today to discuss.

When you pass away, there are many important tasks that need to be taken care of as soon as possible. It can often be overwhelming or confusing for family members to figure out what to do, particularly if they cannot locate your documents or are unaware of what you wanted to happen with regard to funeral and burial planning.

There is no one-size-fits-all answer when it comes to opening probate, but the truth is that this should be done by an intended or appointed personal representative as soon as possible after you pass away. In many cases, it makes sense for family members and friends to consider the grieving process before jumping into the legal and administrative aspects of death. That being said, an executor or personal representative doesn’t have the appropriate authority to act on behalf of the estate until they have been formally appointed.

There’s not much that the that a probate lawyer or an appointed personal representative is able to do until the death certificate has been issued and until probate has been opened. It may be a good opportunity to review and look for any and all documents that the deceased might have created, including their will and any other important paperwork, such as deeds or location information about a safety deposit box. Notifying the person you intend to appoint as executor or personal representative is strongly recommended to increase the chances that they will be able to spring into action relatively quickly.

If you don’t yet have your estate set up, talk to an experienced estate planning attorney about your options. A lawyer can advise you about what to expect and how to create a comprehensive estate plan to match your goals.

Creating a will online or using a basic template might seem like the easiest route. After all, this is a task many people put off to begin with, and finding a simple template that makes it go much more quickly is very enticing. However, simply filling out an online form is not enough to create a valid will. 

This is because every state across the country has their own rules for determining whether or not a will is validly executed. In order to decrease the possibility of someone being forced to or encouraged to sign a will against their direct wishes, these rules help to make sure that a person understands what they are signing, is cognizant of the impacts of the entire process, and is making this decision on their own through valid execution. 

In many cases, these rules require that the will be in writing, that it is signed, and it is witnessed by others. Simply printing out a form online, therefore, does not give you the protection that you are looking for. 

It can be a good starting place as you begin to contemplate questions that you might have about creating your own estate plan or things you’d like to include in your own will, but it will not cover all of the specific needs that you have. Make sure that you consult with an experienced estate planning lawyer about the questions and concerns that you have for your next steps.

When you pass away, there is a good chance that at least part of your estate will enter probate in your state. With estate planning, you can remove as many assets from your probate estate as possible, but only when you have carefully considered all assets and liabilities and followed through with retitling things into the name of trusts, among other strategies.

But this might prompt you to ask, why avoid probate in the first place? The truth is that any number of problems can pop up as your loved ones attempt to navigate the probate process, all of which can take time, energy, and money from your family members during time when they are already coping with grief. This is why most people who recognize the challenges of probate will sit down with an estate planning lawyer to walk through their options for making things easier for loved ones.

While probate problems can be very specific to your assets and your own estate, here are some of the most common ones that you might want to prevent with proper planning:

• No one wants to be the executor, or loved ones argue about who will serve in this role, leading to additional family conflict
• Dispute over the value of the estate or the executor being unable to find certain assets
• Division of asset concerns where people receive equal shares of something and are not able to agree on what to do with that asset
• Someone challenges the validity of the will entirely, slowing down probate and possibly increasing conflict between beneficiaries

Being proactive about these concerns can help you create an estate plan that addresses these issues and makes it easier for your loved ones to move through the probate process.