Letters
of Administration If No Will
The
Law Offices of Kenneth Vercammen & Associates handles Probate, contested
wills, contested estates, trust mismanagement and theft, Probate disputes,
inheritance problems, estate mismanagement and theft, undue influence, lack of
legal capacity, contentious probates, and other relevant issues. We encourage
you to consult an attorney if you are faced with any of these situations.
Do
you think youre entitled to money or might be entitled to money from an estate
or trust? Do you believe that someone is unfairly claiming money or property
that is rightfully yours? If so, and you are a prospective plaintiff or
defendant, then you may need an attorney to protect your rights.
These
areas are extremely complex. You should not attempt to reach a decision on
whether or not to take action (and, if so what action to take) without the
assistance of counsel.
You
must call to schedule an in-office consultation as we cannot provide legal
advice over the phone.
The
following New Jersey statute sets forth how someone can take charge of an
estate if there is no Will:
3B:10-2.
To whom letters of administration granted- No Will
If
any person dies intestate, administration of the intestates estate shall be
granted to the surviving spouse of the intestate, if he or she will accept the
administration, and, if not, or if there be no surviving spouse, then to the
remaining heirs of the intestate, or some of them, if they or any of them will
accept the administration, and, if none of them will accept the administration,
then to any other person as will accept the administration.
If
the intestate leaves no heirs justly entitled to the administration of his
estate, or if his heirs shall not claim the administration within 40 days after
the death of the intestate, the Superior Court or surrogates court may grant
letters of administration to any fit person applying therefor.
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