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How long does it take for someone to become executor if their is no will on the deceased?

Northfield, NJ |

How long does it take for someone to become executor if their is no will on the deceased?

Attorney Answers 3


  1. Technically speaking when there is no Will there is no Executor instead an Administrator is appointed to administer the estate. The Surrogate's will be willing to process an petition for appointment of an administrator ten days after the date of death however the amount of time required for this process to be completed will vary depending on the number of people entitled to serve as administrator, whether those people agree on who should serve, and whther the Surroage requires the Administrator to obtain a surety bond. Barring a fight over these issues appointment of the administrator can normally be completed within a month of the decedent's passing and frequently much quicker.

    Very truly yours,

    Ed Smeltzer

    NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.


  2. Technically speaking when there is no Will there is no Executor instead an Administrator is appointed to administer the estate. The Surrogate's will be willing to process an petition for appointment of an administrator ten days after the date of death however the amount of time required for this process to be completed will vary depending on the number of people entitled to serve as administrator, whether those people agree on who should serve, and whther the Surroage requires the Administrator to obtain a surety bond. Barring a fight over these issues appointment of the administrator can normally be completed within a month of the decedent's passing and frequently much quicker.

    Very truly yours,

    Ed Smeltzer

    NOTE: This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.


  3. You might find my legal guides on estate litigation helpful to add to the information already provided.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:

    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..

    Estate Litigation with a will
    Estate Litigation without a will

    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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