Death during probate creates extra work for everyone involved. This happens more often than you might think in New Jersey, affecting how the original estate is distributed. Executors must know the proper steps when a beneficiary dies before receiving their inheritance.
What New Jersey’s anti-lapse law means
New Jersey law protects certain inheritances from failing when a beneficiary dies during probate. This protection applies to specific family members. Suppose the deceased beneficiary was a grandparent, a descendant of a grandparent or the testator’s stepchild. In that case, their share goes to their living descendants. But this only works if the will doesn’t say something different.
How assets get distributed
Here are the main points that decide where the assets will go:
- When the beneficiary died
- How the beneficiary was related to the person who made the will
- What the will says about backup beneficiaries
- If the gift was specific or part of the leftover estate
The courts look at these details to make sure assets go to the right people. Sometimes, the gift goes back to the central estate. For group gifts like “my children,” the deceased person’s share often goes to the other group members.
Next steps in the probate process
The executor might need to deal with two different probate cases at once. This happens when the deceased beneficiary’s estate must also go through probate. Each case may be in a different court or county, which means more paperwork and time.
The executor must file new documents and notify the court about the beneficiary’s death. They’ll also need to determine who should receive the deceased beneficiary’s share according to state law.
These rules can get tricky fast. Cherry Hill and Linwood probate courts handle these cases differently than simple probate matters. A local probate attorney can help determine who gets what and ensure everything follows New Jersey law.