Trust An Attorney With Over 20 Years Of Experience
After a loved one passes away, there are many things that must be taken care of. It is especially difficult to manage the moving pieces while you are trying to grieve. The Law Offices of Patrick Accisano, L.L.C., has helped clients throughout New Jersey for over 20 years. He is here to simplify the complicated process and help you move forward during this difficult time.
Understanding Probate In New Jersey
Probate is a court procedure that follows a person’s death, ensuring their property is allocated according to their estate plan or, if absent, as state law dictates. This process can be intricate and involves several essential steps:
- Probating wills and estates: Confirms the legitimacy of the deceased’s will and initiates the probate process.
- Identifying and collecting assets: Gathers and secures all the deceased’s assets.
- Settling debts and taxes: Addresses any debts or taxes owed by the decedent.
- Transferring assets to beneficiaries: Allocates any remaining assets to the rightful heirs.
- Resolving disputes and litigation: Manages any conflicts or legal issues that may arise.
- Preparing and filing necessary court documents: Completes all required documentation for the court proceedings.
Understanding each of these steps will help you manage the probate process more effectively and ensure a seamless transition of assets to the beneficiaries.
What’s The Difference Between Probate And Estate Administration?
While probate and estate administration often go hand in hand, they are distinct processes. Probate refers specifically to the legal validation of a will and the court overseeing its execution. It involves ensuring that the will is authentic and that the deceased’s wishes are followed.
On the other hand, estate administration encompasses the broader management of the deceased’s affairs, including:
- Gathering and managing assets
- Settling debts
- Distributing the estate to beneficiaries, whether or not a will exists
Estate administration can occur with or without probate, depending on whether the estate is required to go through the probate court. Understanding these differences can help clarify the responsibilities involved when managing a loved one’s estate.
Understanding Your Role As An Executor
Estate administration involves gathering and distributing any assets. Probate is a part of this process. Someone is appointed, whether it be by the deceased or by the court, and they are in charge of seeing things through. Taking on this responsibility is important and must be done correctly. With the help of the right attorney, you can rest assured that things will get handled the right way.
An important step in this process is working your way through the deceased person’s belongings. Nothing can be sold or distributed until this part is complete. After everything is accounted for and given an appraisal, taxes and debts must be paid off. What remains is distributed according to the will. If there is no will, the court will decide who gets what. The Law Offices of Patrick Accisano, L.L.C., can protect and honor those going through this process.
Call Today To Discuss Your Case
The probate and estate administration process has strict timelines that must be followed so it is important to talk to a knowledgeable attorney as soon as possible.
To schedule a consultation and learn more about how this firm can help, contact the office in Sea Girt at 732-201-6517 or request a consultation through this easy contact form.