What to Do: When a Loved One Has Passed
Andréa L. Maddan
6, February 2024
This memorandum provides useful information regarding the management of a loved one’s affairs (estate) when they have passed. Estate matters can be laborious and emotionally charged. This memorandum will explain probate and administration in New Jersey and provides information for you to begin navigating the process of managing your loved one’s estate. However, this memorandum provides general information, and is not intended to serve as legal advice. No two estates are the same and the law on the administration of estates is extensive. It is recommended that you consult with an experienced estate attorney to answer any questions related to your particular circumstances.
There are three main steps to handle someone’s estate when they have passed:
Formally open the Estate through Probate or Adminsitration with the appropriate Surrogate: Probate is the process to validate a Will and appoint an Executor(ix) to handle the Estate. Administration is the process to qualify an appropriate Administrator to handle the Estate when there is no Will.
Manage the Estate: The appointed representative/fiduciary in either case is tasked with managing the assets, debts, taxes, and distributions related to the Estate; and
Close the Estate.
This memo will address the key (and at times complicated) elements of each of the above by offering steps to avoid pitfalls, financial harm, and headache.
See the memorandum in its entirety below: