When someone dies without a will in New Jersey, the Surrogate’s Court in the county where the deceased lived typically appoints an administrator to settle their affairs. Once debts are paid, assets are distributed according to the state laws of intestacy. Frequently, the court requires the administrator to obtain a fiduciary bond.
Appointment and Duties
Pointing out that the Surrogate’s Court is likely “to touch the lives of every person in the county at some time,” the Office of the Surrogate in Middlesex County New Jersey provides these pointers for initiating administration procedures upon the death of a loved one:
The word “Surrogate” means one who takes the place of another. Each county has a Surrogate’s Court, with the Surrogate acting as the Judge of that court. The Surrogate is elected for a term of five years pursuant to the Constitution of New Jersey….A general administration process is used when someone dies without a valid will. In these circumstances, it is the duty of the decedent’s immediate next of kin to make an application to the Surrogate’s Court. The applicant should bring the following to the Surrogate’s Court:
- Official death certificate
- Detailed list of assets in the deceased’s name
- Names and addresses of any next of kin (heir at laws which, as defined by NJ law, are people who have the right of inheritance in the property of a person who has died intestate).
- Check or credit card for payment.
In addition to providing counsel for probate and estate administration, attorneys at Shapiro Croland have posted this helpful listing of New Jersey’s County Surrogates. Note that in New Jersey, the Surrogate’s Court appoints the closest next of kin as administrator, with a spouse having first rights to apply, followed by children, who have equal rights to apply. The court is likely to require the administrator to obtain a type of fiduciary bond, referred to as an administrator’s bond.
As attorney Daniel Antonelli explains: “An Administrator’s bond…guarantees the proper administration of an estate. In Surrogate’s Court, an Administrator is usually required to post a bond before he or she qualifies to receive the appointment (also known as being granted Letters of Administration)….Bonds protect estate beneficiaries and creditors from the negligent and intentional acts of fiduciaries that cause harm to the estate.” Further information about administrator bonds, as well as assistance to quickly obtain administrator bonds that meet the requirements of all Surrogate’s Courts in New Jersey is available at Colonial Surety Company: Administrator Bonds.
After the Surrogate’s Court issues Administration Certificates, the appointed administrator can begin the work of settling affairs, following the court’s protocols for paying debts before distributing assets. Once officially appointed in court, administrators are likely to find themselves quite busy with their responsibilities which include: inventorying assets, such as real estate, financial accounts and personal property; notifying creditors (so they can file claims against the estate for debts owed); settling debts, including taxes; and, finally, distributing remaining assets in accordance with state intestacy laws. Before a court officially closes the estate, administrators must: “Prepare a final accounting of the estate’s financial transactions for approval by the court and distribution to heirs.”
Good To Know
Beyond supervising the process of closing out the affairs of the deceased, probate and surrogate’s courts typically also handle other important family matters. For example, Camden County New Jersey provides this list of additional functions of the Surrogate’s Court:
Guardianships – The Surrogate’s Court can issue a judgement to establish a guardianship for a minor. The Surrogate’s Court serves as Clerk of the Superior Court in filing the necessary application for the guardianship of an incapacitated adult.
Trusts – When a trust is created in a Last Will and Testament, the Surrogate appoints the named trustee to administer the trust.
Adoptions – In the adjudication of adoption matters in Camden County, the Surrogate’s Court serves as the Clerk of Superior Court … .The Surrogate’s Court also maintains the files under seal as required.
Management/Investment of Minors’ Funds – The Surrogate’s Court receives, manages and invests funds for minors as ordered by Superior Court.
Records – The Surrogate’s Court maintains records and microfiche of all estates probated in Camden County and all Superior Court proceedings related to the office dating from 1851.
Wedding Services – Wedding ceremonies for Camden County residents are performed by Camden County Surrogate….
Probate and Estate Administration Practice?
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