Often, when a person dies, their estate will need to go through the probate process. While this can be straightforward, some unique aspects of probate in Manalapan Township exist. Learning about these and what you may encounter while dealing with your loved one’s estate could help you effectively manage the process.

Experienced probate attorneys may also assist you. A lawyer from our firm could explain what you can expect during probate, help you handle the case, and resolve any difficulties that may arise in the process.

What Can I Expect During Probate?

In Manalapan Township, there are several aspects to the probate process that make it distinct. The process begins by filing the will or a petition with the Surrogate Court. Then, the court will appoint an executor or administrator to oversee it.

If you are appointed to oversee the estate, you must then notify all heirs, beneficiaries, and creditors. Additionally, you will need to inventory and appraise the deceased’s assets, and then you must pay any debts and taxes.

Finally, you must distribute any remaining assets according to the will or the laws of intestacy if no will exists. As the executor or administrator, you must then provide a final accounting to the court for approval. Once approved, the probate will close.

Executor vs. Administrator in Probate

In Manalapan Township, one individual quality of probate is the difference between an executor and an administrator. While these two roles have nearly identical jobs in a probate, there are some key differences.

If your loved one died intestate (without a will), the court will need to appoint an administrator. This person is usually your deceased relative’s surviving spouse or closest living relative. Since there is no will to rely on in these cases, the administrator must identify the deceased’s heirs and determine who will inherit according to the laws of intestacy.

Surrogate Court vs. Superior Court for Probate Matters

In Manalapan Township, a unique element of probate involves the court that oversees the process. All probate cases start in the county Surrogate Court, but the Superior Court’s probate department may handle the case in certain situations.

The Surrogate Court and Superior Court serve distinct roles. In probate matters, the Surrogate Court acts as the Superior Court’s clerk, handling tasks such as probate filings and appointing administrators. Its jurisdiction is limited, and it does not oversee contested probate cases.

The Superior Court is the court above the Surrogate Court. If a dispute arises during the probate, the Superior Court will need to handle it.

The Laws of Intestacy

The process of distributing your deceased relative’s estate is relatively straightforward if they had a will in place. However, in Manalapan Township, when no will exists, the estate must be distributed under the laws of intestacy, and this is a distinct aspect of probate. Depending on the deceased’s family situation, intestate inheritance can be straightforward or quite challenging.

Under the state’s laws of intestacy, your loved one’s estate is distributed according to a hierarchy. In this hierarchy, if they had a surviving spouse, domestic partner, or civil union partner, that person will inherit everything. However, if your deceased relative had children with someone other than their spouse or partner, the assets will be split between the surviving spouse or partner and these children.

If your loved one has no surviving spouse or partner, the estate will pass equally among any surviving children. From there, the estate will pass to their grandchildren, parents, siblings, or more distant relatives.

If You Are Finding the Unique Aspects of Estate Management Confusing, Contact a Manalapan Township Lawyer for Help

An experienced attorney could help you understand the unique aspects of probate in Manalapan Township and how they relate to your case. At Nesevich Law, LLC, our knowledgeable and dedicated team of probate attorneys could assist you with managing your deceased loved one’s estate. If you have questions, do not hesitate to contact us for further assistance.