Who are the next of kin in New Jersey?
“Next of kin” as used in the New Jersey probate statutes does not merely mean the closest relatives of the decedent, but all of decedent’s relatives entitled under the statute of descent and distribution to share in the decedent’s estate. In re Estate of Mellet, 108 N.J. Super.181.
Can a beneficiary challenge an executor in New Jersey?
While New Jersey is a probate friendly state and executors are not required to obtain court approval for most actions, if the estate representative is not complying with state law, the only recourse a beneficiary, creditor or other party in interest has is to file a complaint and order to show cause for relief with the Superior Court.
Who is next of kin if someone dies without a will?
If someone dies without a will, the probate court appoints an administrator to distribute the assets and close out the estate. Usually, this person is next of kin, such as a spouse or child.
When to ask a judge to remove an executor or administrator?
The critical question most often asked by a judge when a request is made is to remove an executor/administrator is “whether the circumstances are such that the continued involvement of the estate fiduciary is/would be detrimental to the interests of the estate”.
How does the executor of a will distribute to the next of kin?
The executor is required to distribute the estate assets that remain after paying the decedent’s debt subject to the terms of the will. If the probate court determines that there is no valid will, the executor must distribute the estate property to the next of kin subject to the state’s intestacy code.
How does the court decide who is the Administrator of an estate?
The court decides who will manage the estate, usually choosing from among the decedent’s closest kin. Other heirs may not be happy with the choice. Statutory provisions regarding who is entitled to act as administrator usually mirror the state’s laws of intestate succession for rights to inherit.
When do assets go to beneficiaries in New Jersey?
The probate process allows the transfer of a lifetime of savings and investments to beneficiaries which takes place upon the death of the owner. Ownership and Title Issues Affecting a Decedents’ Estate: A Primer for Executors and Administrators Subject to Probate in New Jersey
What are the rules for intestate succession in New Jersey?
Survivorship period. To inherit under New Jersey’s intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property.