Q&A

Can a co-executor of a will be appointed?

Can a co-executor of a will be appointed?

If the court grants your request for resignation, a new co-executor may be appointed. Whether a new co-executor is appointed depends largely on the terms of the will. For example, the will may state that in the absence of co-executors any one executor may continue to serve alone.

Is there a will registry in New Jersey?

Will Registry As directed by the Legislature (N.J.S.A. 3.B:3-2.1 (d), effective September 2005), the Office of the Secretary of State maintains a Will Registry wherein a testator, (the person making the will) or his/her attorney, may register with the Will Registry Program which contains basic information about the will.

How does a co-executor of an estate resign?

You must complete and file a resignation with the court that is overseeing the estate administration. To do so, you must use the appropriate forms required by the court. If the court grants your request for resignation, a new co-executor may be appointed. Whether a new co-executor is appointed depends largely on the terms of the will.

Who is the executor of an estate in New Jersey?

After your death, your executor’s primary job is to protect your property until any debts and taxes have been paid, and then transfer what’s left to those who are entitled to it. Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in New Jersey.

Who is the executor of a will probated?

The primary goal of having a Will probated is to have the County Surrogate formally approve it and to appoint the individual named in the Will to serve as the Executor or Executrix. The Surrogate does this by issuing letters of Executorship to the named person.

Can a will be probated outside of NJ?

If property of the decedent is located outside of New Jersey, additional proceedings are probably necessary (Often referred to as ancillary probate), which means probating the will of the decedent in a state outside of NJ in order to legally transfer ownership of the property to the legal beneficiaries.

When does the executor of an estate have to disburse money?

Generally, they are 9 months from the date of death for a Federal Estate Tax Return and 8 months for a NJ Inheritance Tax Return. When all obligations of the estate are satisfied, the executor should disburse the remaining estate assets to beneficiaries.