You Don't Have to Figure Out Probate on Your Own
Losing someone is hard enough. If you've been named executor of an estate in New Jersey, you're now facing a legal process that has real deadlines, formal filings, and personal responsibilities — at one of the most difficult moments of your life. I'm here to handle the legal side so you can focus on your family.
What Estate Administration Actually Involves
Most people have never served as an executor before. That's completely normal — and it's exactly why having an estate administration lawyer in NJ who can walk you through each step makes such a difference. Probate in New Jersey follows a defined sequence, and understanding that sequence is the first step to moving forward with confidence.
At its core, estate administration is the legal process of settling a deceased person's affairs: identifying and gathering their assets, paying any outstanding debts or taxes, and distributing what remains to the people named in the will — or, if there is no will, according to New Jersey's intestacy laws. As executor, you are the person legally responsible for making sure all of that happens correctly.
Filing with the Surrogate's Court
The process begins at the county Surrogate's Court. In Gloucester County, that means presenting the original will, a certified death certificate, and completing the necessary paperwork to have the will admitted to probate. Once the court issues Letters Testamentary, you have the legal authority to act on behalf of the estate. This generally requires an appointment with the Surrogate.
Notifying Creditors and Beneficiaries
New Jersey law requires that you notify both known creditors and the beneficiaries named in the will. There are specific timeframes for this, and creditors have a right to make claims against the estate during that window. Handling this step correctly protects you from personal liability down the road.
Managing and Valuing Estate Assets
As executor, you're responsible for identifying everything the deceased owned — bank accounts, real estate, investments, personal property — and establishing the value of those assets as of the date of death. Some assets pass outside of probate entirely, such as jointly held property or accounts with named beneficiaries. I can help you sort out what goes through probate and what doesn't.
Paying Debts, Taxes, and Distributing the Estate
Before anything is distributed to beneficiaries, the estate's debts must be paid in the proper order of priority. New Jersey may also require an inheritance tax return depending on the size of the estate, and federal obligations may apply as well. Once debts and taxes are resolved, the remaining assets are distributed according to the will — and you'll need to obtain a signed Release and Refunding Bond from each beneficiary to close the estate properly.
Why Executors Need Legal Guidance Before They Act
Executors carry real legal duties under New Jersey law, and mistakes can result in personal liability. If you pay the wrong creditor first, miss a filing deadline, or distribute assets before debts are settled, you may be held personally responsible for the shortfall. That's not meant to alarm you — it's meant to make clear why having a probate attorney in Gloucester County in your corner from the start is worth it.
I've been handling estate matters for families in South Jersey for 45 years. I know where executors commonly run into trouble, and I know how to keep the process on track. Whether the estate is straightforward or complicated by contested assets, missing heirs, or real property that needs to be sold, I'll help you fulfill your duties correctly.
When There Is No Will
If your loved one passed away without a will, the estate is considered intestate, and New Jersey's intestacy statutes determine who inherits what. In that situation, the court will appoint an administrator — rather than an executor — to manage the estate, and the distribution follows a fixed legal hierarchy based on family relationships.
The process is similar to probate with a will, but the legal framework is different, and family dynamics can sometimes make it more complicated. I can help you understand your rights and responsibilities as an administrator and guide the estate through to a proper close.
What Families in Gloucester County Can Expect Working With Me
When you call my office, you speak with me directly — not a paralegal, not a case manager, not an associate. I've been a solo practitioner for almost my entire career, and that means every client gets my personal attention from the first conversation to the final distribution.
I work with families throughout Gloucester County — including Woodbury, Deptford, Washington Township, and West Deptford — as well as across South Jersey in Camden, Salem, Cumberland, and Atlantic counties. Estate matters don't wait for a convenient time, and I make it a priority to be accessible when families need help most.
Common Coverage Questions
Answers Designed To Keep You Protected
What does an executor need to do after someone dies in New Jersey?
The executor's first step is filing the will with the Gloucester County Surrogate's Court and obtaining Letters Testamentary. From there, you'll notify beneficiaries and creditors, gather and value the estate's assets, pay debts and any applicable taxes, and distribute the remaining assets according to the will. Each of these steps has legal requirements attached, and the order in which you do them matters.How long does probate take in New Jersey?
A straightforward estate can often be administered within six to twelve months. Larger or more complex estates — those involving real property, business interests, disputes among beneficiaries, or tax issues — can take longer. Having an attorney manage the process from the start typically prevents the delays that come from missed filings or procedural errors.Can an executor be held personally liable for mistakes?
Yes. Under New Jersey law, executors have a fiduciary duty to the estate and its beneficiaries. If you distribute assets before paying debts, pay creditors out of the proper order of priority, or miss required filings, you can be held personally responsible. This is one of the most important reasons to get legal guidance before you begin acting on the estate's behalf.What happens if there is no will?
When someone dies without a will in New Jersey, the estate passes through intestacy, and the court appoints an administrator to manage it. The assets are distributed according to a statutory hierarchy — generally starting with a surviving spouse and children. The process is similar to probate but follows different rules, and I can help you navigate it regardless of whether a will exists.Do all assets go through probate in New Jersey?
No. Assets held jointly with right of survivorship, accounts with named beneficiaries such as life insurance or retirement accounts, and assets held in a trust generally pass outside of probate. They may, however, be taxed by the State. Only assets owned solely in the deceased's name without a designated beneficiary typically go through the probate process. Part of my job is helping you identify which assets fall into which category and make sure any taxes are paid.
Ready to Get Started?
Law office of WIlliam A. Sheehan
If you've recently lost a loved one and need help understanding your responsibilities as executor, or if you're not sure where to begin with the probate process, reach out today. The first conversation is free, and there's no obligation. I'll tell you exactly where things stand and what the next steps look like.
