What Steps Are Involved in Successfully Probating a Will?

CBeing named executor in a parent's will tells you who is in charge, but not what to do first. In New Jersey, probating a will follows a defined sequence: you file the original will and a certified death certificate with the Surrogate in the county where the decedent lived, receive Letters Testamentary, notify beneficiaries, collect and manage estate assets, pay valid debts and applicable taxes, and then distribute what remains.

Most estates move through these steps without a judge. That changes if someone files a caveat, the original will cannot be found, or the will's validity is in doubt, because these circumstances may require Superior Court proceedings.

At Harris Law Offices, I work with executors in Camden, Burlington and Gloucester counties at every stage of this process, from preparing the Surrogate application to collecting the signed releases that close an estate. If this responsibility has just landed on you, a consultation can clarify which steps apply to your family's estate and which deadlines may already be running. 

Step 1: Locate the Original Will and the Correct Surrogate

A New Jersey will is probated by the County Surrogate in the county where the decedent was domiciled at death. If your parent lived in Cherry Hill, Haddonfield, or Collingswood, the Camden County Surrogate handles the probate, while a resident of Burlington County would go through the Burlington County Surrogate instead.

The Surrogate generally requires the original signed will. If you cannot locate it, or the document contains unexplained alterations, you may need to seek probate through the Superior Court. In practice, this makes finding the original your first real task. Check the decedent's home files, a safe deposit box, and the attorney who drafted the will.

Step 2: File the Probate Application After the 10-Day Wait

New Jersey law does not allow a will to be admitted to probate until 10 days after the date of death. You can submit preliminary paperwork before that period expires, but the Surrogate cannot complete probate until the waiting period has passed. Use the time to gather the documents and information typically required:

• The original will and any codicils (formal amendments) 

• A certified death certificate bearing a raised seal 

• Names and addresses of the decedent's next of kin and every beneficiary 

• Information about the estate's assets and estimated value, as requested by the Surrogate

How the will was signed also matters. A self-proving will includes sworn statements confirming that the will was properly executed, which generally allows probate without additional witness testimony. Without those statements, the Surrogate may require proof from a witness or another person with knowledge of how the will was signed.

If the named executor cannot or will not serve, an alternate executor or another eligible person may seek appointment.

Step 3: Obtain Letters Testamentary and Notify Beneficiaries

Once the Surrogate admits the will and you qualify as executor, you receive Letters Testamentary, the court document confirming your authority to act for the estate. The Surrogate also issues Short Certificates, which provide proof of your appointment when dealing with banks and other institutions.

Within 60 days after probate, court rules require you to mail written notice to every beneficiary and the decedent's next of kin, including relatives the will omits. The notice states where and when the will was probated, identifies you as executor, and offers a copy of the will on request. Proof of mailing must be filed with the Surrogate within 10 days after mailing.

If an interested person's name or address cannot be determined through reasonable inquiry, New Jersey Court Rule 4:80-6 requires notice through an eligible online news publication. When the will provides for charitable purposes, notice and a copy of the will must also be sent to the New Jersey Attorney General.

Probate also opens a window for challenges. An objector generally has four months after probate to file a complaint in Superior Court, or six months if the objector resided outside New Jersey, subject to exceptions. Because a successful challenge can affect distributions, you should consider any pending disputes before distributing estate property. Advising executors on these issues is part of my estate planning and probate work.

Step 4: Collect Estate Assets, Pay Debts, and Resolve New Jersey Inheritance Tax

After your appointment, identify and safeguard the assets belonging to the probate estate. You may need to obtain account information, arrange property valuations, collect money owed to the decedent, and maintain estate property until distribution.

Before beneficiaries receive their shares, the estate must address valid debts and applicable taxes. Under New Jersey law, creditors generally have nine months from the date of death to present claims to the executor in writing and under oath. If a creditor presents a claim after that period, the executor generally is not personally liable for assets already distributed lawfully before receiving the claim. However, distributing assets prematurely can still create risks when debts remain unresolved.

New Jersey no longer imposes an estate tax for deaths on or after January 1, 2018, but its inheritance tax still applies. As the New Jersey Division of Taxation explains, the amount owed depends largely on how each beneficiary was related to the decedent. Class A beneficiaries, such as spouses, civil union partners, children, stepchildren, grandchildren, and parents, are exempt. Siblings, nieces, nephews, and unrelated friends may owe tax. When required, inheritance tax returns and payments are due within eight months after death.

Even when no tax is owed, certain New Jersey real estate and financial assets may require a tax waiver before transfer. Qualifying Class A beneficiaries can use Form L-8 for certain financial assets, while Form L-9 may be used to request real estate tax waivers. Other circumstances may require a full inheritance tax return.

Step 5: Account for the Estate and Distribute Assets

The last step is distributing what remains according to the will, and it goes most smoothly when your records are complete. Keep a running account of every asset collected, every bill paid, and every administrative expense, because beneficiaries may request an accounting of how you managed the estate.

Before receiving a share, each beneficiary typically signs a refunding bond and release. The refunding bond is a promise to return part of the distribution if it is later needed to pay a valid estate debt; the release acknowledges the distribution and may release the executor from claims concerning the administration. These documents are commonly filed with the Surrogate.

When beneficiaries agree, this informal process closes many estates. If they do not, or if someone questions how you managed the estate, you may need court proceedings or a formal accounting to resolve the dispute.

Comprehensive Legal Assistance

Each step above has its own paperwork, and its own clock, and an executor who misses one can delay the entire estate or expose themselves to personal liability. My role is to keep those pieces moving in the right order, from the first filing with the Surrogate through the inheritance tax waivers and the final releases. 

I have practiced law for more than four decades. I earned my J.D. from Villanova University in 1975, served in the U.S. Navy for over two decades, and earned a Master of Laws in Taxation, training that applies directly to New Jersey's inheritance tax and waiver requirements. After working with law firms in New Jersey and Philadelphia, I founded Harris Law Offices in 1994 to focus on estate planning, probate, and new business formation. 

From my office in Haddon Heights, I represent executors and families in Camden and Burlington Counties, including Cherry Hill, Haddonfield, Collingswood, and Haddon Township. If you have been named in a will and need a schedule a consultation today.