Probate Lawyer Haddonfield NJ | Mt Holly Probate Process Attorney

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Frequently Asked Questions about Probate and Estate Administration

Q: What is probate?

A: In general, probate is the court procedure by which a will's validity is proved, assets collected, creditors paid and the remaining assets distributed to beneficiaries under the will.

Q: What is a will contest?

A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. Will contests typically involve allegations that a will was inadequately executed, invalidated by a later will or was the result of forgery or undue influence.

The ownership of some assets can make them exempt from probate, and other estate planning techniques can also keep property out of probate court. Depending upon the vehicle used for protecting an asset from probate, there may be other legal concerns to take into account. If you have questions about your estate plan or about avoiding probate, contact an estate planning attorney for straightforward solutions that will work for you.

At the Law Offices of Nancy M. Rice, our New Jersey probate and estate administration law firm, attorneys help clients develop estate plans designed to minimize losses to inheritance taxes and probate costs. We hope the information below will help you understand some of the confusing issues involved in the proving of a Will or administration of an estate.

If you would like to speak with an attorney at our firm about assistance with probate or estate administration, contact our Haddonfield or Ocean City office.

Probate and Estate Administration - An Overview

Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, contact our firm today to schedule a consultation with a probate attorney.

The Probate Process

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures prescribed by each state for carrying out the process.

Role of the Executor

An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of the will. In addition to locating important documents and notifying Social Security, pension providers, annuity providers and other entities of the death, the executor has numerous other legal responsibilities.

Avoiding Probate

Assets disposed of outside the probate process are part of the non-probate estate. Because a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models to save their loved ones from the difficulties associated with going through probate.

Will Contests

The fact that a person leaves a will does not guarantee that her or his property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a legal challenge, called a will contest, may be brought by anyone with an interest in the will who believes it is invalid.

Probate and Estate Administration Resource Links

Uniform Probate Code Locator
Maintained by Cornell University Law School, this site identifies the states that have adopted, at least in part, the Uniform Probate Code. Links are also provided to each state's version of the code.

Executors
This page is maintained by the H.E.L.P. organization, and provides an overview of the executor's, personal representatives', and trustee's estate administration responsibilities.

The Probate Process
This American Bar Association resource provides general information on the probate process, including information on the costs, how long the process takes and what types of estates pass through probate.

Wills and Estates: The Probate Process
This American Bar Association resource provides general information on the probate process.

SmartMoney® Estate Planning
Provides information to consumers on the process of gathering information and documentation for estate planning.

In addition to assisting clients with probate and estate administration, estate planning attorneys at the Law Offices of Nancy M. Rice provide experienced Elder Law, probate, Disability Trusts, and guardianship services to clients throughout southern New Jersey, including the communities of Haddonfield, Cherry Hill, Voorhees, Moorestown, Mount Laurel, Mount Holly, Woodbury, Deptford, Washington Township, Hammonton, Glassboro, Cape May, Avalon, Ocean City, Linwood, Northfield, and Toms River and Camden County, Burlington County, Gloucester County, Salem County, Cumberland County, Cape May County, Atlantic County and Ocean County.

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