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Probate
Probate means that the validity of the will must be established before the assets can be distributed.
If you are the executor of the estate, you can probate the will, of if you are the surviving spouse of someone who died without a will (intestate) you can probate the estate. Your County Surrogate’s Office (located in the county seat) is the place to execute probate. In Middlesex County, the Surrogate’s Office is located in New Brunswick. The phone number is (732) 745-3055.
The question on inheritance taxes in New Jersey is good news to most people. If the decedent’s estate is less than $2 Million the heirs do not have to pay any taxes. If the estate is over that amount, the executor should contact a lawyer on the best ways to handle the tax liabilities.
If your spouse has died, you will need to change the name on any deeds, mortgages, credit cards, insurance beneficiaries, etc., and transfer all of your jointly owned goods to your sole ownership.
Once you have settled the estate, it is a good time to look at your own will. It is imperative that you make out a new will to protect your heirs. Even if the deceased was not your spouse, it is still an excellent idea to consider your own will.
You may want to know whether you need togotoalawyertodrawupagoodand valid will. The law states that everyone has the right to make out his or her own will. The procedure is not very complicated when your estate is small and when you only a have principal heir or heirs. There are definite pitfalls though, and you should approach this task warily. There are several books on the market that explain methods for drawing up your own will.
HOW TO AVOID PROBATE - NORMAN DACEY
WRITE YOUR OWN WILL - ROBERT J. SCHWARTZ
YOU AND YOUR WILL -
PAUL B. ASHLEY
YOUR WILL AND WHAT TO DO ABOUT IT - SAMUEL G. KLING
GOSSELIN FUNERAL HOME - Page 25