Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500

Friday, November 2, 2012

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?; 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 : 

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