Procedure for Renunciation where no Will so one person can be appointed Administrator

Procedure for Renunciation where no Will so one person can be appointed Administrator

   The Laws in the State of New Jersey define who has the first right to apply for Administration of an estate.

General administration is used when a resident of New Jersey dies intestate (without a will). It is the duty of the heir or the person desiring original letters of administration to make application to the Surrogate of the county in which the intestate resided at death.

For intestate estates, heirs according to the statute of descent and distribution have priority

a.  spouse or registered domestic partner

b.  adult children of the decedent

c.  guardian of minor issue first entitled, if no surviving spouse or adult children

d.   decedent’s parents

e.  brothers and sisters

f.    grandparents

g.  aunts and uncles

h.  stepchildren

sourcehttp://ucnj.org/surrogate/administration-of-an-estate/

Procedure for Appointment of Administrator in Surrogate’s Court

The applicant should appear in the Surrogate’s Office with:

·       Proof of death (Certified Death Certificate)

·       A detailed list of the assets in the deceased’s name.

·       An estimate of the amount owing for debts and taxes.

·       Names & addresses of next of kin (heirs at law).

• Renunciations signed by all the beneficiaries to select one person as Administrator

You will be interviewed by a probate clerk to obtain the necessary information on the estate and who is entitled to appointment, after which the clerk shall prepare the following for signature.

·       Application for administration

·       Affidavit of estate assets

·       Qualification / Authorization

·       Bond *

·       Verification of child support law

*A surety bond may be required on the estate; this is like an insurance policy.  The bond will be set by the Surrogate when the assets of the estate are determined.

The applicant should inform the clerk as to how many assets stand in the name of the decedent alone, and request the short certificates needed to transfer those assets.

If renunciations are required from other persons having an equal right to be appointed administrator, renunciations must be filed for each said person.

Source: http://ucnj.org/surrogate/administration-of-an-estate/