When a loved one passes away, they may leave behind assets that need to be given to their intended beneficiaries. If you have been appointed the estate’s personal representative, you might also have the responsibility of paying creditors and putting real property up for sale.
If you are confused about how to probate a will, it may be prudent to retain a skilled attorney who might provide guidance. A knowledgeable Moorestown probate lawyer could clarify the legal process during your time of grief.
Moorestown Probate Courts
Probate courts supervise the administration of an estate in accordance with the regulations in Title 3B of the New Jersey Revised Statutes. For example, a last will and testament cannot be admitted for probate until at least ten days have passed after the decedent’s death.
After a testamentary document has been submitted for probate, local courts may assist by overseeing the actions of the probate executor. If a will does not name a personal representative to administer it, a Moorestown court may appoint one. Likewise, if the will identifies a trust that has no named trustee, the tribunal might select one as well.
Interested Witnesses in Moorestown Probate Cases
After a will has been accepted for probate in Moorestown, a potential beneficiary may object if a witness to the will-signing who endorsed the will stands to receive a benefit from the will. However, although a beneficiary may file a challenge to the will, this type of objection is generally ineffective.
Under New Jersey Revised Statutes §3B:3-8, a will may not be deemed invalid because a witness to the will might be rewarded by the writer of the will. Only a challenge to a will that alleges fraud, duress, or undue influence might invalidate all or a portion of the testament. An adept Moorestown probate litigation attorney could act as an advocate for beneficiaries who would like to contest a testamentary document.
Personal Representatives for Probate in Moorestown
A personal representative for the probate of an estate might be either an executor or an administrator. An executor may have been preselected by the deceased before or after they wrote their will. They are generally tasked with ensuring that the gifts identified in the will are awarded to the recipients.
If a person in Moorestown dies without a will, the tribunal might appoint an administrator for the estate to supervise the distribution of assets to the rightful heirs. If the situation requires it, a personal representative might be replaced by another personal representative. A seasoned probate dispute lawyer in Moorestown could work to help such a representative fulfill the essential responsibilities of loyalty and fiduciary duty.
Speak with a Moorestown Probate Attorney About Legal Options
If someone has appointed you as the executor of a will, or if you would like to challenge a testamentary document, a Moorestown probate lawyer might be able to help you. Call today to schedule an appointment. A skilled probate administration attorney may be able to address your concerns and guide you through the probate process.