Losing a loved one is never easy, and having to handle the estate administration during such a time can feel overwhelming. Here are some practical steps to start the estate administration process:
- Get the Death Certificate
- You can get a certified copy of the death certificate from the funeral home that handled the funeral services.
- Ask for multiple certified copies.
- Confirm that the funeral homes will be notifying the Social Security Administration; if not, do so yourself.
- Notify the Homeowner Insurance Company
- Notify the homeowner’s insurance company if the decedent’s property has become vacant.
- Find the Original Will
- You may need to get court permission to open a safe deposit box if you suspect the original document is stored in a bank safe.
- Make sure the Last Will and Testament was properly executed with two (2) witnesses and a notary public.
- Make sure the original Last Will and Testament was not tampered with—if you are making copies, do not remove staples.
- Identify the Executor
- The Last Will and Testament will nominate an Executor/Executrix and often an alternate Executor, in case the initial Executor is unwilling or unable to serve.
- If none of the nominated Executor(s) can serve, or if no Will was located, an application may be made to appoint an Administrator.
- Collect basic financial information about the estate
- Gather bank and investment account statements, deeds, titles, contracts and insurance policies.
- Inventory personal property.
- Note debts, loans, or outstanding bills.
In New Jersey, probate or administration is handled by the Surrogate or, in some cases, the Superior Court, in the county where the decedent was domiciled at the time of death (not the place of death). A Last Will and Testament must be submitted to the appropriate Surrogate or Superior Court to start the probate process. No Will shall be admitted to probate until after ten (10) days from the death of the testator.
Many simple estates can be probated or administrated without an attorney. But particularly if there are disputes, complex assets, or tax issues, an attorney may be helpful. For additional information concerning New Jersey estate administration or probate, visit www.vanarellilaw.com or call our office at 908-232-7400 to schedule a consultation.