What Does it Mean for a Will to Go Through Probate?

When you create a will you know in the back of your mind that you won’t be around when it is read to your children, grandchildren, cousins, nieces and nephews and anyone else named in it. The reading of a will only takes place upon the death of its creator. As you work on creating your will you likely want to know what it means to have a will go through probate. This is a common activity that occurs after the creator of the will dies. Let’s take a look at what it means for a will to go through probate in today’s post.

What Happens During Probate?

When a will enters into probate the personal representative will be responsible for quite a few things all while under the supervision of the court. The personal representative will need to perform the following tasks during probate:

  • Make the funeral arrangements
  • Gather up all of the assets
  • Pay the bills of the estate
  • Distribute the balance of the estate according to the intent of the Testator or Testatrix

The personal representative must submit the will to probate in the county where the decedent lived within 10 days from the date of death. This costs anywhere from $100 to $200. During the probate phase the personal representative will be required to sign paperwork, notify the next of kin and anyone else named in the will and file proof of said notice with the Surrogate’s Office.

Does My Will Have to Go Through Probate?

The short answer to this question is yes. If you want to transfer ownership of assets left in the will to your beneficiaries, then the will must go through probate. It is required that the personal representative probate the will in New Jersey. This is not a difficult process in the state and shouldn’t worry you, especially if you have an experienced attorney working with you.

Probate in New Jersey

In New Jersey, a will goes through probate after the death of its creator. When the creator of a will dies, the personal representative must complete a form and file it with the surrogate of the county in which the death occurred. The Surrogate’s Office will then issue short certificates to the personal representative of the will. These certificates are used when paying debts, selling assets, and paying taxes. The majority of estates in New Jersey can be settled without a formal accounting. This happens when consent is given by every single beneficiary named in the will.

Contact an Experienced Wills & Probate Attorney

If you have questions about what happens with your will upon your death, or questions about the probate process in New Jersey, it’s best to speak with an experienced wills & probate attorney in Cinnaminson. Contact the office of Trish Davis, Esquire, today at 856-829-9204 to schedule a consultation.