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What are the steps/process list of probating a will and at what point does the heirs of the will get notified?

Newark, NJ |

What are the steps/process list of probating a will and at what point does the heirs of the will get notified?

Attorney Answers 3

Posted

You will have to file a petition to start the probate process.
A lot will depend on the size of the estate.
The heirs will all receive a copy of the will.
It is best to hire an attorney to assist and advise forthe process.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Martin L Bearg

Martin L Bearg

Posted

With all due respect, in NJ, as noted by Mr. Backes, a Notice of Probate must, pursuant to the Rulees of Court, be sent to all interested parties. That Notice need only state that the will was probated, the date of probate, and who qualified as the personal representative of the estate. In addition, while more often than not some portion, or all of the Will may be provided, the Notice need only state that beneficiary/interested party may request a copy. The actual Will need not be included. In addition, it is to be noted that while the Notice is required, unlike other states, the failure to give the Notice does not invalidate the probate of the Will or the appointment by the Surrogate of the personal representative, although it can be one an indication that that individual is not acting properly and be one of many factors that can cause the removal of the personal representative..

Posted

If you are not represented by a lawyer, you will typically begin probate by going to the Surrogate's Office of the county in which the decedent lived. In Essex County, the Surrogate's Office can be reached at 973-621-4900 . The beneficiaries in the Will should be sent a document called a "Notice of Probate" and offered or provided with a copy of the Will.

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Posted

Here is a link to a blog article that outlines the process for you: http://info.njdivorceattorney.net/blog/bid/178792/New-Jersey-s-Probate-Process

This information is based upon the limited facts you presented. My advice Is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.

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Donald Joseph Quinn II

Donald Joseph Quinn II

Posted

You really should retain counsel to make sure the job is done properly.

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