Eatontown, NJ Probate Lawyers

If you are currently experiencing grief related to the death of a loved one, please accept our sincere condolences. Dealing with the legal process after someone passes away can be a lengthy, challenging, and costly endeavor. That’s because when someone dies, you will most likely have to go through probate—a court process that distributes that person’s property to his or her heirs. 

But don’t do it alone! Our Eatontown probate lawyers can help. We have more than 50 years of combined experience and can guide you through every step of the probate of your loved one’s estate, so that the process goes as quickly and inexpensively as possible, with minimal legal fees and court costs. Call us today for a free consultation, and know that your loved one’s legacy is in good hands.

What is Probate?

Probate is the court process that happens after someone dies so the court can validate the will (if the person has one) and to ensure the orderly distribution of property. This includes cash, real estate, investments, artifacts, art, jewelry, memberships, and household items. Most people believe having a valid will shields the assets from probate, but they don’t. Probate happens automatically, whether your loved one had a will or not (although if they had a trust, or updated estate plan, it can be avoided). 

If there is a will, the person named as executor of the will can manage the legal matters concerning the estate; if not, a court will appoint an administrator of the deceased person’s estate. The executor or administrator has to complete necessary tasks to legally close the estate.

Can Probate Be Avoided?

Yes, there are situations in which it is possible to avoid probate, but most of the action has to be taken by the person before they pass away (creating a living trust, owning property in joint tenancy, updating beneficiary designations on things like retirement accounts and life insurance policies, and adding payable-on-death or transfer-on-death designations to bank and investment accounts are just some of the ways to prevent probate from occurring). 

However, if your loved one has already passed, courts in New Jersey will allow estates with proceedings valued at less than $50,000 to skip probate. There are some filing requirements with the court, but nothing like a formal probate proceeding.

The Probate Process in New Jersey: What to Expect

New Jersey probate begins when the court is informed that a person has died, usually when a death certificate is filed. An executor or administrator of the estate will then perform the following duties: 

• Submitting the will (if one exists)
• Filing a petition for probate
• Managing and valuing the estate’s assets
• Paying estate taxes and outstanding debts
• Notifying creditors
• Paying funeral expenses
• Distributing assets to heirs, based on the will or New Jersey’s intestacy laws

That can often take months—sometimes a year or longer—and heirs don’t generally get theirs until probate is completed.

Why Hire a Probate Attorney?

If you have to step in as executor or administrator and sort out the debts and bequests, that is quite a tough job, even with a very simple estate. Probate becomes harder, more expensive, and more stressful when the will is contested, or where terms in the will are misconstrued, the will is questionable, minor bequests are involved, property is involved in the will, or there is any other dispute between parties wanting the estate.

Our Eatontown probate attorneys have seen all of these issues before—and many more—and can guide you every step of the way. Whether you’re just getting your first estate administration underway or have gotten through the beginning stages but now hit a snag, we are ready to step in to bring it smoothly to a successful conclusion.

Trust Our Eatontown Probate Lawyers for Efficient and Stress-Free Probate Solutions

It’s not uncommon to feel overwhelmed by this probate process, so know that The Law Offices of Patel & Cardenas has assisted several hundred families through the probate process, and we can help you as well. We will do our best to make sure the estate will be administered as considerately, effectively, and inexpensively as possible. To request a free consultation and an estimate of the time and costs to resolve the estate of your loved one, please call our Eatontown probate lawyers to arrange your free consultation today.

Frequently Asked Questions (FAQ’s)

1. What happens if someone dies without a will in New Jersey?
   
   When a person passes away without a will, their estate is considered “intestate.” A court-appointed administrator distributes the estate’s assets according to New Jersey’s intestacy rules. Property usually goes to the deceased’s closest relatives, such as a spouse, children, or parents, depending on the family structure.
2. How long does the probate process usually take in New Jersey?
   
   The length of the probate process can vary significantly based on the complexity of the estate. While simpler estates may be settled within a few months, more complicated cases involving disputes or significant assets can take over a year or longer. Factors such as unresolved debts, contested wills, or locating heirs can further extend the timeline.
3. What fees and costs should I expect during probate in New Jersey?
   
   Probate comes with various costs, including court filing fees, executor compensation, attorney fees, and fees for appraising the estate’s assets. Additionally, any outstanding debts or taxes on the estate must be paid before distributing assets to heirs. The total costs will depend on the estate’s size and complexity, but hiring an attorney can help minimize unnecessary expenses and delays.