When is probate necessary in NJ Estate Administration?
“Probate” is a process whereby a Will is “proved” to be valid by a public official (the County Surrogate) with authority to determine the authenticity of such document. When there is no Will, the Surrogate issues Certificates of Administration to the person determined by law to handle the estate administration of the deceased. (See “Who may act as administrator”) If a person dies owning any property (real or personal, i.e, house, bank and savings account annuities, IRA’s etc.) that, if alive, would require a signature to a document (as an example, a check, title to car, deed to real estate, stock certificate, etc.) to liquidate, transfer ownership or otherwise disposed of such property, then probate is required in New Jersey. If the individual died holding property as a “joint tenant” with a right of survivorship with another individual, then the probate of that property as joint tenant may not be necessary because ownership of that property would generally vest in and belong to the su
