Flat Fee for a Probate Attorney in Jersey City, New Jersey to help settle your loved one’s estate Call 973-200-1111
We charge a flat fee to help you complete the probate process for an uncontested Will or uncontested intestacy estate. We understand that this can be a trying time, and you may need help. The procedure is fairly straightforward, and we will walk you through every step along the way. If no one is contesting or challenging the distribution of assets, then the process of closing out the estate may seem long, but the legal costs can be managed.
As your Probate Attorney for Hudson County / Jersey City, NJ we will handle the below list of items for you:
- Bring Will to Surrogate Court to apply for Letters Testamentary.
- File notice of Probate with Surrogate Court.
- Apply for a Federal Tax ID Number for the estate.
- Prepare the Estate Account at a bank so that you will be able to pay bills from the estate account.
- Send Notice of Probate to Beneficiaries – You will need to provide names and addresses.
- If donations are being made to charity, we will send notice to the Attorney General.
- We can work together with you to prepare an Informal Accounting for the surrogate court in your county.
- Prepare Release and Refunding Bond if necessary. Many wills state that executors can serve with no bond. The expense of the bond is separate than the attorney fee that we charge.)
- Obtain Child Support Judgment clearance before any distributions are made.
- Prepare Deed Transfer for 1 Property (Additional Property Deeds are extra.)
- Prepare Title Transfer for 1 vehicle Additional titles extra.
Unless you hire us to do the below this will be part of your duties as the Personal Administrator / Executor for the estate:
- Gather and manage the assets of the estate.
- Get appraisal value of the estate’s real and personal property.
- Sell the property of the estate.
- Write checks for the estate’s Debts.
- File Federal and State Income Tax Returns for your deceased loved one. Which is different than preparing the inheritance tax return and obtaining tax waivers. We can recommend a CPA if you need help for you.
- Distribute the assets.
What is Probate in Hudson County / Jersey City, NJ?
When an individual passes away in any place in New Jersey his or her property generally must undergo a court-supervised procedure called probate. For example, if someone one has title to a home, the house will need to be probated in the County Surrogate’s office where the dwelling is located. For instance, if the person passes away and has a home in Jersey City the Hudson County surrogate court is where the probate process will happen. The probate process will allow the transfer of the decedent’s assets to people or organizations, as provided through the deceased person’s will or according to the New Jersey’s intestacy laws. When there is no will, the property passes to the decedent’s close relatives under New Jersey intestacy laws. The formal probate process or a simplified probate process is needed unless every one of the assets are considered non-probate, meaning they transfer automatically at death, such as life insurance proceeds, POD accounts, and trusts. If there are no relatives and no will, then the State of New Jersey gets everything.
What things are needed for Probate New Jersey?
Below is a list of items needed for probate.
- The original death certificate with a raised seal.
- An estimate of the gross value of the estate covering all real estate and non-real estate (private) assets. At this time an item-by-item valuation is not needed to be submitted.
- The entire names and addresses of the your loved ones’s next of kin.
- Money to fully pay the surrogates fees
- If a person dies without a will, a proper written Renunciation of the right to serve as the estate’s Administrator signed in the presence of a Notary Public by every person, if any, who has earlier or equal right to the applicant to serve as the estate’s Administrator. “Wet” signatures are required, thus be sure that if someone is out of state when they sign the renunciation they send the original signed document.
Additional advice on becoming a Personal Representative/Executor of an Estate in New Jersey
The estate of a person who dies without a Will is called an “intestate” estate. We’ll allow you to become the Personal Representative of the estate. This position has several names that are used interchangeably such as Executor, Personal Representative, Administrator and also the proper Administrator C.T.A. which is the abbreviation of Administrator Cum Testaments Annex, which means ‘Administrator to the will annexed’. In the event you want us to become the executor, our fees would increase be due to the quantity of the additional responsivity involved of being an executor and the responsibilities of being an executor. Executor fee’s are set by law in New Jersey. So anyone named the executor can get fees, as long as the will does not specifically say they will serve without compensation.
Timeline of Obligations of Administrator/Personal Representative /Executor in Jersey City, New Jersey to the Estate
If the person named in the will becomes the Administrator, he is referred to as an “executor,” and if it is a woman who is named the technical term is “executrix.” If there is no will, the person appointed by the probate court and is called a “Personal Representative of the Estate” or “administrator.” At the end of the day, the name is not important, the duties performed are what really matter.
The probate procedure is started by filing an application with all the Surrogate’s Court at any time; yet, probate won’t officially open until at least 10 days after your loved one has passed away. As part of starting probate, the executor must submit the will and have it “proved.” This merely means that a clerk will review the file to make certain that it was executed according to all the formalities of New Jersey State law.
Once this is complete, the court will provide the personal representative with power over the estate through what are called “Letters Testamentary.” If the person is out of state, the process starts to get a bit more complicated with the probate court sending letters to the court to where the out of state executor resides and having the court verify the executor out of state. We will help you get this testamentary letter whether you live in New Jersey or out of State. One of the first duties of the executor/personal representative is to notify the beneficiaries listed in the will within days after the will is admitted all and all of the heirs that would have taken under the intestacy laws of New Jersey if they are not included in the will.
The personal representative must notify the beneficiaries listed in the will within days after the will is admitted to the surrogate’s court in the county where the decedent died. In addition, if there is real estate property in other counties or states auxiliary probate will need to be opened there. The letters testamentary provide the personal representative with all the authority to complete several tasks. Transferring property Deeds, opening safe deposit boxes, transferring accounts, basically all of the steps required to get the decedent’s assets ready to transfer. (If the will is in the safe of the decedent, there is a process to get someone name as a temporary administrator for the sole purpose of opening the safe deposit box to get the will.) All estate property must be safeguarded and the value of it determined by the executor including getting assessments where necessary.
This could involve taking control of a small business, managing a securities portfolio, as the land lord acting for real estate. Generally a Federal EIN number must be obtained for the estate. A bank account for the estate will have to be opened. You will not have the ability to file the NJ inheritance tax return until it is clear regarding the sums of the medical bills and other expenses your loved one might have outstanding. Medical expenses may be deducted from the inheritance tax.
We can advocate a CPA that may help should you need help preparing the tax return. Taxes and all outstanding debts need to be paid. Once all debts are paid, which might require sale of estate property, the remaining assets may subsequently be transferred to the beneficiaries. Properties such as residences will have to have deeds created, and other things like autos will have to get new titles ordered.
If you think you need help, it is important to speak with a New Jersey Estate attorney who can help you understand your options during this time. Protect your interests and have your questions answered. Contact us today, and we will go over all of your options. Call us at (973) 200-1111 or email us at [email protected]
Disclaimer: Please understand that we are attorneys, but not your Probate Lawyers until you sign a retainer with our Law Firm. Probate can be a complex matter based on many factors such as divorce and other financial concerns that may drive costs you did not intend. We can help with issues related to Elder Law, Guardianship, Probate Estate Administration, Family Administration of Trusts, Professional Services, Wills, Trusts, Special Needs Trusts, Living Wills, Law Estate, Guardianships, Civil Cases, Family Law, Personal Injury, Probate Estate Planing, and Access to Safe Deposit Boxes for wills. In all our years of professional practice we have offered free consultations related to Elder Services, Medicaid, Probate maters and Estate Administration. We find that the experience of taking care of our potential clients needs is more rewarding than trying to make a living one consultation fee at a time. If you have a member of your family that you feel like is trying to take advantage of you, it does not hurt to have a free talk with an attorney. It is for your protection and peace of mind. If you think they are not performing the last wishes of your relative, please enable yourself to take the time to reach out and have a private consultation with a NJ Probate attorney who only wants to help you and the members of your family find peace.
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Remember: If you feel that you are in over your head don’t worry, you are not alone. Probate is a unique industry with its own language. Every person that is first exposed to it at least once during the process is confused. We are here to help. Even if you feel silly asking the question, ask we have heard it all.