Estate Administration – Do It Yourself or Not (Part 2)
In my blog post last week, I began a discussion about what role an attorney can play in the estate administration process. More specifically, how much involvement we have in any case depends on the complexity of the matter and how much our clients want to take on themselves.
As I explained last week, the first step in the process is for an estate representative to be appointed to deal with assets and debts of the decedent. When a will exists which designates an executor, the appointment process, while a bit more complicated now than was the case before Covid, is still simpler than when no will exists.
In that case, New Jersey law lists the order of priority of person entitled to serve as estate representative based on family relationship to the decedent (the person who died). The first in line to serve (called an administrator when there is no will) is the decedent’s spouse or domestic partner. If none is willing to serve, next in line are the remaining heirs. That would be direct descendants first if there are any (ie. children, grandchildren).
When there is more than one child, each has equal right to serve. Any of them can decline to serve by signing a renunciation, however, if more than one wish to serve then they must serve together unless a petition is submitted to a judge objecting to the appointment. Ultimately, it is the judge’s decision whether sufficient reason exists for denying that right.
When no spouse, partner or children exist, more distant relatives are entitled to serve. That would be siblings, then nieces and nephews and after that cousins. The more distant the relatives, the less likely they are to serve or even be aware of the decedent’s passing. If no one steps forward to serve, after 40 days the court may grant letters of administration to any fit person who applies.
It is in these cases that an attorney is ore likely to be needed to get the estate administration process started, usually with a petition to the Surrogate Court.