http://www.youtube.com/watch?v=OXVSiS5ca8I&feature=g-upl

REMOVING AN EXECUTOR FROM AN ESTATE

http://www.youtube.com/watch?v=VmYnU1Dt9ZQ&feature=g-upl

DUTIES OF EXECUTOR

Probate Fee Schedule

Probate Fee Schedule 

PROBATE OF WILLS AND COPIES

• PROBATE: $100.00
• Probate of a will of not more than two pages.
• Each additional page - $5.00
• Probate of each codicil, not exceeding one page, $25.00.
• Where codicil requires an additional witness, $5.00.
• To reopen probate proceedings for qualification of executor or taking proof of extra witness, $25.00.
• One witness in the above probate proceedings, no charge.
• Each additional witness, $5.00.
• Recording and comparing, microfilming or photostating, each additional page of will or codicil, $5.00.
• Filing, entering, issuing and recording, microfilming or photostating, proceedings in
  commission for deposition of foreign witness to a will or codicil, $35.00. Plain extra
  copy of will, $3.00 for each page.
• Certified copy of will with proofs for New Jersey county, not exceeding two pages including will and codicil, $50.00. For pages in excess of two, $5.00 for each page.
• Wills filed but not probated (as, where there are no asset), $10.00 for first two pages, $5.00 for each additional page, $5.00 for cover letter stating no assets, $5.00 for
  death certificate.
• Exemplifying will for another state, not exceeding two pages including will and codicil, plus cost of certificate of Secretary of State when requisite, $75.00 (not including $9.00 fee for exemplified forms). For pages in excess of two, $5.00 for
  each page.
• Recording, microfilming or photostating, docketing, indexing, filing and reporting to the Division of Taxation in the Department of the Treasury an exemplified copy of will and probate proceedings from another state, $5.00 for each page.
• Recording, microfilming or photostating, docketing, indexing and filing a certified copy of will with proofs from New Jersey, $5.00 for each page.
• Recording, microfilming or photostating certified transcripts of wills admitted to probate and probate proceedings or letters of administration and administration proceedings granted by the Superior Court, $5.00 for each page.

LETTERS OF TRUSTEESHIP

• Acceptance of trustee and letters of trusteeship, including one certificate, $50.00.

LETTERS OF ADMINISTRATIONGeneral administration, including preparation and execution of complaint, bond, surety affidavits, necessary recording, microfilming or photostating, indexing, filing, report to the Division of Taxation, including power of attorney and death certificate, in the Department of the Treasury and the Clerk of the Superior Court and original letters including authorization to accept service of process and death certificate, $125.00, and for other documents, $5.00 per page.

• Administration ad prosequendum $50.00, and for other documents, $5.00 per page.
• Exemplifying administration, $75.00.
• Certified copy of administration, $50.00.

Affidavits of surviving spouse or next of kin where the value of the real and personal assets of the estate does not exceed $20,000.00 or $10,000.00, respectively, (when less than $100.00, $5.00) for each $100.00 or part thereof, (in excess of $100.00). Total cost shall not exceed $50.00. This fee is waived where the value of the assets of the estate does not exceed $200.00.

LETTERS OF GUARDIANSHIP

• Granting letters of guardianship, acceptance of guardianship and filing of power of attorney, $50.00.
• Affidavits of estates of minors where value of real and personal estate does not exceed $5,000.00, $5.00 per page.
• Miscellaneous petitions and orders, $5.00 per page.

INVENTORIES

• For all services in appointment of appraisers, $25.00.
• Filing, entering and recording, microfilming or photostating, inventory and appraisement, not exceeding one page, and affidavits of appraisers and executor, $25.00.
• For each additional page, $5.00.

ACCOUNTINGFor filing complaint and one page of accounting, $175.00.
For auditing, stating, reporting and recording, microfilming or photostating, accounts of executors, administrators, guardians, trustees and assignees, including drawing judgment, but exclusive of advertising costs:

• In estates up to and including $2,000.00, no additional fee.
• In estates from $2,001.00 to and including $10,000.00, $100.00.
• In estates from $10,001.00 to and including $30,000.00, $125.00.
• In estates from $30,001.00 to and including $65,000.00, $150.00.
• In estates from $65,001.00 to and including $200,000.00, 3/10 of 1% but not less than
  $300.00.
• In estates exceeding $200,000.00, 4/10 of 1%, but not less than $400.00.
• For each page of accounting in excess of one, $5.00.
• In computing the amount of an estate for the purpose of fixing the fees of a surrogate for auditing and reporting the account, the balance from the prior account shall be excluded.
• No fees herein shall be charged against the recipient of any pension, bounty or allowance, for services of the surrogate and the Probate Part of the Chancery Division of the Superior Court in respect thereof, pursuant to N.J.S.3B:13-14.

MISCELLANEOUS PROCEEDINGS

• Proceedings relative to presumption of death, filing, entering and recording, microfilming or photostating (exclusive of letters), with additional fee for advertising, $175.00.
• Sale of land to pay debts (exclusive of advertising), $175.00.
• Sale of land in fulfillment of contract made by decedent, $175.00.
• Sale of lands within one year, $175.00.
• Sale of minor's land, $175.00.
• Distribution, filing and entering complaint, recording, microfilming or photostating, and filing judgment, $175.00.
• Filing of first paper in action in the Superior Court, Chancery Division, Probate Part, $175.00.
• Filing of answering pleadings or other answering papers in Superior Court, Chancery Division, Probate Part (First paper filed by anyone other than Plaintiff), $110.00.
• Adoption of adults, filing and entering proceedings (all papers) including one judgment, $175.00.
• Adoption of minors (with one hearing), filing and entering proceedings (all papers) including one judgment, $175.00.
• Adoption of minors with two or more hearings, filing and entering proceedings (all papers) including one judgment, $75.00.
• Application and order to limit time to creditors, $60.00, but exclusive of advertising costs. * includes the following fees.
• Application for relief subsequent to final judgment in the Superior Court, Chancery Division, Probate Part, $25.00.

Notice to Creditors: NO LONGER PROCESSED BY SURROGATE'S OFFICE.
Please contact the newspaper of your choice directly for filing.

• Proceedings for the appointment of a conservator, with or without jury trail, $175.00.
• Proceeding for the determination of incapacity and for the appointment of a guardian for an alleged incapacitated person, with or without jury trial, $200.00.
• Proceedings in connection with payment into court of a proceeds of a judgment in favor of a minor, in lieu of bond, pursuant to N.J.S.3B:15-16 ( in addition to fees payable under Letters of Guardianship), the following fees are payable upon withdrawal of funds on deposit:
• For each withdrawal including petitions and orders provided and prepared by the surrogate for withdrawal of funds for court approval:
• Up to and including $500.00, $20.00.
• From $501.00 to and including $1,000.00, $25.00.
• From $1,001.00 to and including $5,000.00, $30.00.
• From $5,001.00 to and including $10,000.00, $35.00.
• From $10,001.00 to and including $25,000.00, $40.00.
• From $25,001,00 to and including $50,000.00, $60.00.
• In excess of $50,000.00, $100.00.

MISCELLANEOUS CHARGES

• Short certificates $5.00.
• Validating short certificate with one year of issue date, $3.00.
• Subpoenas, each, $25.00.
• Marking true copies, subpoenas, each $3.00.
• Marking true copies, orders to show cause, each, $3.00.
• Marking true copies of other papers, each $3.00.
• Authorization of process, $5.00.
• Swearing each witness, $2.00.
• Adjournment or continuance, $15.00.
• Miscellaneous orders of court, first page, $5.00.
• For each additional page, $5.00.
• Recording, microfilming or photostating all papers not herein provided for, $5.00
  for each page.
• For making copies not otherwise provided, $3.00 for each page.
• Filing transcript of death certificate, $5.00.
• Power of attorney, per page $5.00 plus $5.00 for certified mail.
• Search fee, per estate $10.00.
• Proceedings relative to appointment of a guardian ad litem, $25.00.
• Renunciation by one person, filing, entering and recording, or photostating, $5.00.
  Each additional person, $3.00.
• Caveat, filing or withdrawing, $25.00.
• Combined refunding bond and release of not more than two pages, filing, entering, microfilming and recording, or photostating, $10.00. For more than two pages, $5.00 for each additional page. Additional charge for county clerk's certificate, $5.00.
• Release of not more than two pages of refunding bond and release, $10.00. For more than two pages, $5.00 for each additional page. Additional charge for county clerk's certificate, $5.00.
• Assignments of legacy or interest, $10.00 per page, plus $5.00 where county clerk's certificate is necessary.
• Filing all papers not herein provided for $5.00, if microfilming process is used, $5.00 per page.
• Plain copy of two-page wills, $10.00
• Each additional page, $5.00.
• Filing of motions in the Superior Court, Chancery Division, Probate Part, $15.00.
• Notice of appeal (trial court), $10.00.
• Minimum charge for all other papers or services in proceedings in the Superior Court, Chancery Division, Probate Part, $5.00.
• 3B:14-48 Service of Process by Surrogate, $25.00.
• Duplicating or copying of microfiche, digital tape, high density disks, optically scanned and recorded materials or for any other media used to record or preserve records, $150.00 per medium recorded.
• Processing fee for returned check, $20.00 plus bank fee.

source http://www.co.middlesex.nj.us/surrogate/fees.asp

Who has the right to be appointed when an individual dies without a Will?

Who has the right to be appointed when an individual dies without a Will?
The next of kin of the decedent have the right to be appointed.  This is determined by statute. The surviving spouse or domestic partner has the first right. Children of the decedent are next. However, any heir may be appointed assuming they obtain the appropriate renunciations from any other heir who has an equal or prior right to be appointed. 

What do I bring if the decedent dies without a will?You must still go through the probate process. You will be required to bring:

• A certified death certificate;
• Renunciations, if applicable, from parties not willing to serve as administrator. Please see our Forms Section for blank Renunciations.
• A list of the decedent’s assets and an approximate value of each.
• You must provide the Make, Model and Vin number for any car in the decedent’s name alone
• You must provide Bank Account information i.e. Bank name, Account number and most recent statement.

•  How do I get a Tax ID number? 
  http://www.irs.gov; 800-829-1040. Form SS-4 - Application for Employer Identification Number (EIN)

  
  
  

  What is a Surety Bond and why do I need to get one?
  A surety bond is an insurance policy that protects the beneficiaries and creditors of the estate. Administrators are required by law to obtain a surety bond in order to be appointed. Executors may not be required to obtain a surety bond if the will waives that requirement.15) When does the reading of the Will take place?
  In New Jersey the will is not read aloud in a formal manner. It is examined by the Surrogate Court when presented by the executor.

  16) Do I need an attorney?How do I get a Bond released?
  The administrator can be released from the surety bond in two ways:

  
  
  
  • Filing the original refunding bond and release forms from all beneficiaries with the Surrogate Court and stamped copies with the Insurance Company
  • With the approval of the Superior Court of a formal accounting of the estate

  
  

  27) What is the fee for filing an Order to Show Cause and Verified Complaint?
  Please refer to the Fee Schedule

  28) Do I have to locate the witnesses to the will?
  If the will is “self-proved” – i.e., if it was witnessed by two individuals and notarize by a third individual – the witnesses do not have to appear to attest to their signatures.  If the will is not “self-proved” then one of the witnesses will have to attest to his/her signature.

  29) Is the executor or administrator entitled to a fee?
  Yes.  The fee is a percentage of the probate estate and is established by statute.

  Source : http://www.co.middlesex.nj.us/surrogate/faq.asp 

Probate Frequently Asked Questions

Probate Frequently Asked Questions

1) How do I begin the probate procedure? The person that wishes to be appointed to represent the Estate will bring a certified copy of the death certificate and the original Will. While the Middlesex County Surrogate can begin the paperwork anytime after death, probate cannot be completed until the day following the tenth day after death. No appointment is necessary for our New Brunswick office. You can make an appointment at one of our nine satellite offices by calling (732) 745-3055.

2) Is the probate process expensive?
No. Most court costs in probate cost less than $200.00 if there is a Will

3) Who has the right to be appointed when an individual dies without a Will?
The next of kin of the decedent have the right to be appointed.  This is determined by statute. The surviving spouse or domestic partner has the first right. Children of the decedent are next. However, any heir may be appointed assuming they obtain the appropriate renunciations from any other heir who has an equal or prior right to be appointed.

4) What do I bring to Middlesex County Surrogate Court?
If you are probating a will, you have to bring:

• A certified copy of a death certificate;
• An original will. If an original will cannot be located, the will, to be admitted to probate, must be formally admitted through proceedings in Middlesex County Superior Court.

5) What do I bring if the decedent dies without a will?You must still go through the probate process. You will be required to bring:

• A certified death certificate;
• Renunciations, if applicable, from parties not willing to serve as administrator. Please see our Forms Section for blank Renunciations.
• A list of the decedent’s assets and an approximate value of each.
  • You must provide the Make, Model and Vin number for any car in the decedent’s name alone
  • You must provide Bank Account information i.e. Bank name, Account number and most recent statement.

6) What forms of payment does the Middlesex County Surrogate Court accept?We accept Visa, MasterCard, Discover, Checks and Money Orders. WeDO NOT accept cash or Power of Attorney checks from the deceased.

7) What does "Probate" mean?
“Probate” refers to the act of presenting a will to the Surrogate Court for filing.  In a more general sense, probate refers to the method by which your estate is administered and processed through the legal system after you die.

8) What time are you at the satellite office?
Please refer to the Satellite Office Section.

9) How long will this take?
It generally takes between fifteen and thirty minutes to complete the probate process.

10) What happens if I can’t find the Original Will?
If the original will cannot be found, the next of kin to the deceased would come to the Surrogate Court to make application for Administration.

11) How do I get a Tax ID number? 
http://www.irs.gov; 800-829-1040. Form SS-4 - Application for Employer Identification Number (EIN)

12) Why does the Surrogate Court keep the original Will and what happens if I need it again?
New Jersey law requires that the original will be filed with the Surrogate Court in the county the decedent resided in at the time of his/her death. A copy of the will is provided to the executor at the time of probate.

13) What kind of ID do I need?
No ID is required.

14) What is a Surety Bond and why do I need to get one?
A surety bond is an insurance policy that protects the beneficiaries and creditors of the estate. Administrators are required by law to obtain a surety bond in order to be appointed. Executors may not be required to obtain a surety bond if the will waives that requirement.

15) When does the reading of the Will take place?
In New Jersey the will is not read aloud in a formal manner. It is examined by the Surrogate Court when presented by the executor.

16) Do I need an attorney?
An attorney is not required to appear in the Surrogate Court with the applicant.

17) Can you recommend an attorney?
Middlesex County Bar Association http://www.mcbalaw.com/; (732) 828-3433

18) I already paid my attorney; why do I have to pay you too?
Attorney fees are separate from Surrogate fees.

19) Why do I have to probate the Will just for a car?
The Motor Vehicle Commission requires a Surrogate certificate to transfer a car out of the decedent's name.

20) Do I have to transfer the car into my name before I can sell it?
No.

21) The Executor/Administrator of the Estate is taking too long to distribute my money; how do I get them to pay me my share?
A legatee/beneficiary of an estate has the right to petition the Superior Court to compel the Executor/Administrator to make distribution. However, the Executor/Administrator should be allowed a reasonable time to settle the estate. This would include the payment of taxes, debts, etc.

22) How can I get a copy of a Will? 
A copy of a probated will can be obtained in person, through the mail or ordered over the phone. The fee for a copy is $3.00/page.

23) How do I get Guardianship of a Minor?
A person would apply in the Surrogate Court for the Guardianship of a Minor.

24) How do I reverse the Guardianship of a Minor?
By Superior Court Order.

25) How do I get a Bond released?
The administrator can be released from the surety bond in two ways:

• Filing the original refunding bond and release forms from all beneficiaries with the Surrogate Court and stamped copies with the Insurance Company
• With the approval of the Superior Court of a formal accounting of the estate

26) What is the fee for filing a Refunding Bond and Release?
Please refer to the Fee Schedule

27) What is the fee for filing an Order to Show Cause and Verified Complaint?
Please refer to the Fee Schedule

28) Do I have to locate the witnesses to the will?
If the will is “self-proved” – i.e., if it was witnessed by two individuals and notarize by a third individual – the witnesses do not have to appear to attest to their signatures.  If the will is not “self-proved” then one of the witnesses will have to attest to his/her signature.

29) Is the executor or administrator entitled to a fee?
Yes.  The fee is a percentage of the probate estate and is established by statute.

30) How do I contest a will?
File a complaint with the Superior Court through the Middlesex County Surrogate's Court.

31) If a will contains any charitable bequests, how does the executor notify the Attorney General of NJ?
The executor must file an affidavit with the Attorney General that a Notice of Probate was served to all interested parties by personal service, or regular and certified mail. The affidavit should be sent to: Attorney General of the State of New Jersey, Division of Law, P.O. Box 112, Trenton, NJ 08625.

Useful Telephone Numbers:

• NJ Inheritance Tax Office: 609-292-5033
• NJ Motor Vehicle Information: 609-292-6500
• Social Security Administration: 800-772-1213
• US Tax Information: 800-829-1040
• Department of Veterans Affairs: 800-827-1000

source and for more information http://www.co.middlesex.nj.us/surrogate/faq.asp

LAW OFFICE VOLUNTEER WINTER BREAK INTERNSHIPS IN EDISON, N.J.

  LAW OFFICE VOLUNTEER WINTER BREAK INTERNSHIPS IN EDISON, N.J. 

         The Law Office of Kenneth Vercammen established a special Winter break legal internship program for college students and Law Students. Volunteer students will have the opportunity to work in a busy law office and work with real clients. Students interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients. For the Winter/ Christmas program selected interns must work 30 hours per week for 3 weeks minimum.

         Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered. Emails not accepted. After sending the resume and cover letter, call the office.

Details on internships at http://www.njlaws.com/intern.htm

LAW OFFICE   WINTER/ CHRISTMAS BREAK- VOLUNTEER INTERNSHIPS

        EDISON, N.J. 

          Volunteer students will have the opportunity to work in a busy law office and work with real clients. Students interested in a career in law can obtain knowledge and experience in law office procedures, preparing legal correspondence, and assisting clients.

 

1. WORK ON   LITIGATION MATTERS

     -ACCIDENT INVESTIGATION AND WITNESS CONTACTS

     - EVIDENCE REVIEW

     -CONTACT DEFENSE ATTORNEYS TO REQUEST DISCOVERY

      

2. WORK ON CRIMINAL, MUNICIPAL COURT AND PUBLIC DEFENDER CASES

     - CONTACT MUNICIPAL PROSECUTOR TO OBTAIN DISCOVERY

     -CONTACTS WITH COURT AND COUNTY PROSECUTOR'S OFFICE

     -PREPARE DISCOVERY DEMANDS    

     -EVIDENCE REVIEW AND ORGANIZATION

     -PREPARATION FOR TRIAL AND ATTEND HEARINGS

-Interview Clients facing charges in Municipal Court including Drug Possession, Drunk Driving, Assault, Driving While Suspended and other criminal and traffic offenses

-Make demands for Discovery on Prosecutor and review police reports

-Attend hearings and learn from experienced trial attorneys

-Prepare Motions to Suppress Evidence and Motions to Compel Discovery

-Conduct appropriate Legal research

-Acquire skills in Criminal Law and Procedure by active participation

-Participate in Public Relations activities and help organize seminars

- Update Lists of Prosecutors, Judges and Attorneys for publication of

    NJ Municipal Court Law Review

- Revise criminal and traffic law Articles and submit to Law Journals and criminal law websites.

3.  WILLS & PROBATE PRACTICE

     - ACT AS FORMAL WITNESS TO WILLS, POWER OF ATTORNEY AND OTHER LEGAL DOCUMENTS

     -PUBLICIZE WILL SEMINARS AND ATTEND PROGRAMS FREE OF CHARGE

4  -WORK ON COMMUNITY RELATIONS AND MARKETING including submitting articles to legal websites and search engines

           

            This is an excellent opportunity to gain valuable experience as a volunteer intern and learn New Jersey Practice and Procedure. Build your resume and obtain marketable skills.  Longer hours or weeks permitted. On Wednesday night and Friday morning, we work on Public Defender cases. Volunteer to help indigent people charged with criminal and motor vehicle offenses of magnitude. In additional to time in court, you will be given research assignments. You can work more hours if you want.  Help people less fortunate than you who are down on their luck.

          You will handle a client's file and learn details on running a successful law practice. This will not be a brief writing and photocopying clerkship. For additional information on the Law Office, please visit the website at www.njlaws.com     

         Mail or fax cover letter and resume. Do not email.

       You will help handle a client's file and learn details on running a successful law practice.  We sponsor a statewide website with information on litigation, personal injury, criminal and probate matters. It is helpful if applicants have some familiarity with HTML programming, web page design and maintenance and Internet technology. If you can update a website, please indicate so in the first paragraph of your cover letter. This office is committed to excellence and service to clients and the community. Applicants must have attention to detail. Included in activities is to help translate webpages and add to web logs.

         Students interested in a career in law obtain experience in law office procedures, preparing legal correspondence, and assisting clients.   

          

                                                        Very truly yours,

                                                  KENNETH VERCAMMEN, Managing Attorney

         Mail or fax cover letter and resume. Do not email.

Kenneth Vercammen & Associates, PC

2053 Woodbridge Avenue, Edison, NJ 08817

PHONE 732-572-0500           (Fax)  732-572-0030

[near Rt 287 and the NJ Turnpike]