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New Jersey probate process: What is it, and what does it entail?

On Behalf of | Dec 16, 2020 | Wills & Estates |

You’ve worked hard over the years to provide for your family and ensure the well-being of your loved ones in the future. Understandably, you want to take purposeful steps to safeguard their interests in a manner that promotes family prosperity across successive generations.

Here’s a question for you: At the time of your passing, do you want your hard-earned assets to be distributed in accordance with your wishes, or pursuant to the mandates of a New Jersey judge guided by state statutory law?

The answer should be patently obvious. For most of us, the prospect of a disinterested public official making definitive decisions concerning the transfer of wealth to your heirs and beneficiaries is unthinkable.

Is there a better alternative?  Yes indeed. That alternative is a properly and clearly drafted Last Will and Testament.  At the experienced central New Jersey estate planning law firm of Mariano & Coiro, P.C., in Somerset, we have helped numerous clients create wills and estate plans that provide peace of mind and the satisfaction that the necessary steps have been implemented to protect your family.

What is Probate?

“Probate” is a legal term that usually induces a bit of concern and even angst in most people. However, “Probate” is simply the legal process which recognizes a decedent’s Will as genuine and valid.  Thankfully, New Jersey is more “probate friendly” than most States. Once admitted to Probate, the Will then governs asset distribution as per its terms, which are the specific instructions of the Will’s creator.

Once probate begins, the personal representative (Executor) is appointed to ensure the following tasks are performed:

  • Assets are fully identified and safeguarded (and appraised, if necessary)
  • Estate bills, debts and taxes are paid
  • Property and accounts are marshaled and managed.
  • Assets are distributed in accordance with the Will’s directives
  • The Estate is properly concluded

Why having an experienced attorney to Probate an estate is essential

Probate’s broad focus and wide-ranging duties can sometimes challenge and even overwhelm executors. Timely input and guidance from an experienced Estate Planning & Administration Attorney is invaluable. At Mariano & Coiro, P.C., we bring decades of collective experience to bear on our clients’ behalf.

We welcome the opportunity to provide a FREE & CONFIDENTIAL consultation to address each client’s unique concerns. Reach us by phone at 732-860-7620 or through our contact page.