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After nine months, and if there are no unpaid or pending claims, the executor can distribute the assets and issue a declaration of discharge. Closing an estate can take just a little over nine months if theres no litigation, no problems determining beneficiaries, and no creditor issues.
As long as the decedent has a will and his or her total assets are worth less than $10,000, his or her spouse may file an appeal to avoid probate. With no will, an Affidavit of Surviving Spouse can be filed for estates worth under $20,000.
Probate Process In New Jersey There is no official deadline for how long after their death you can file, but many families try to start the process as soon as possible. When filing probate in New Jersey, consider the states inheritance and estate tax laws.
The Probate process is required by the state of NJ whenever someone dies. It is the governments way of making sure the assets of the deceased pass properly to their decedents. And of course to insure that any taxes or liens owed to the state or other parties are fully paid. Nobody gets out of the probate process.
The Surrogates Court is a court of limited jurisdiction. The Surrogate, a Judge of this Court by New Jersey Constitution, is the person who passes on the validity of a Will, gives the executor proof of authority to administer the estate and sees to it that the executor handles the estate properly.
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In New Jersey, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.
Living trusts are often the go-to option to avoid probate court, especially in states where there are major benefits to avoiding entering a will into probate. New Jersey law allows you to put almost any asset in a living trust. We can help you design a living trust that meets your individual needs.
The cost of probate of the Will is $100 for the first two pages and $5 for each additional page, and $5 for each short certificate. The Will is assigned a docket number and is public record.

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