Why do you need an estate administration attorney?

Someone close to you recently passed away and named you the executor in their last will. It is a huge responsibility and a significant undertaking because you need to ensure that the process leaves no room for doubts or errors.

However, if you lack legal support and expertise, the task might appear more challenging than it is. For instance, in New Jersey, USA, an estate cannot settle sooner than six months from when a will enters probate. Therefore, your best recourse in such situations is to hire an estate administration attorney NJ who will help you file the paperwork and guide you through the seemingly labyrinth legal processes.

If you wish to know more about an attorney for estate administration, here are the reasons for hiring them.

They will guide you with the probate process

You need to contact your estate administration attorney in New Jersey if you were named the executor by the deceased person, and a probate is required. However, a will can only be filed for probate ten days after the date of death. Your lawyer will submit the document and a certified copy of the death certificate. If the will is not self-proving (that fulfills specific legal requirements), one or two witnesses present at the time of the will’s preparation will appear before the court. If you are the executor but not a resident of New Jersey, you must post a bond unless the will does not require you to.

Is probate always required?

No, not all wills go through probate cases in New Jersey. Placing the assets in a trust, owning real estate as joint tenants, and naming a beneficiary for life insurance policies, bank, and retirement accounts are all ways of avoiding probate. If the deceased person named their spouse or family member as the beneficiaries, they would inherit the assets without probate.

Distribution of estate assets

In usual cases, the executor or administrator must open a bank account for the estate and deposit incoming money into that account. The money might come from refunds, pensions, compensation earned, or other miscellaneous payments, and those funds must be used for estate expenses. You will require the help of your attorney to maintain meticulous records of how estate assets are handled and distributed while submitting bills, receipts, and bank statements to the court. Under the law of New Jersey, you will have to submit an account mentioning all the assets, disbursements, and distribution methods to the beneficiaries. If you do not do it, the court might appoint a new Personal Representative based on unreliability or undesirable conduct.

Handling debts and taxes

If there are debts and expenses associated with the estate, you will have to settle them as the executor. According to the New Jersey Statute Title 3B:22-4, creditors can present their claims to the Personal Representative or Executor within nine months from the date of death. You can ask your attorney to verify the claims and systematically settle them. If nine months have elapsed since the estate owner’s death, your lawyer can file an Order Limiting Creditors, stating the absence of any legal claims.

If a will is challenged?

A beneficiary can decide to contest a will even after the probate process has begun in New Jersey. The contestant’s attorney will file a lawsuit to set aside the probate in such cases. The New Jersey Court Rule 4:85-1 states that an individual has four months to challenge a will from the probate date. In those situations, you should contact your lawyer as early as possible to respond within a stipulated period in the right way to avoid being replaced by the court. Your attorney will send a notice questioning the grounds of the challenge and planning an appropriate legal strategy to deal with the situation.

Conclusion

Being an executor is not easy, particularly with the complexities involved. Hiring an estate administration attorney in NJ will make your work easier, smoother, and free from hassles. They will ensure you fulfill your duties as an executor in the best way possible.