New Jersey Probate Procedures

For New Jersey estates that cannot automatically bypass probate, both complex and more streamlined probate processes are available. For example, estates worth less than $20,000 but lacking a will may be eligible for a simplified probate process in which the surviving spouse or domestic partner is issued an Affidavit of Surviving Spouse by the New Jersey Surrogate (acting as the Clerk of the Probate Court), allowing the case to bypass probate administration. Wealthier estates and estates in which the heirs contest their portions may require more complex probate procedures.

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New Jersey Probate: The Basics

When a family member dies, there’s more to attend to than funeral arrangements. New Jersey probate laws govern the collection and distribution of a decedent’s assets (called their “estate”) to heirs and successors.

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