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Probate in New Jersey

Simplified Probate in New Jersey

In New Jersey, the county in which the decedent resided will have jurisdiction over the probate process.  An executor can file a written request with the probate court for the simplified process.  If the estate qualifies for simplified probate, the court will authorize the executor to distribute the estate assets without formal probate.

Eligible Estates

Small estates may be eligible for a simplified probate process. The simplified process for probate is only appropriate where the decedent did not leave a valid will.

An eligible small estate in New Jersey is defined as one which does not have property in excess of $10,000.00 where there is a surviving spouse or domestic partner who would inherit the entire estate without probate or property which does not exceed $5,000.00 if there is no surviving spouse or domestic partner. One heir can file an affidavit with the court to receive all the assets if he provides written consent of all other heirs (if any).

Get Legal Help

With proper estate planning, most estates can avoid probate regardless of the value of the estate.  Contact experienced Estate Planning Attorney Elga Goodman today at 973-841-5111 to make the plan that will be easiest for your beneficiaries.

Posted in: Estate Planning