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Law
Simplifying The Probate Process
it is in the possession of the the Surrogate of each county has the assets and income that came allowed commissions on the assets
attorney who prepared the docu- the power to recognize properly into their hands, and the debts and as income administered by them as
ment, but frequently it is in a safe executed Wills, file them and issue obligations that have been paid, provided by Statute.
deposit box, file cabinet or drawer. Letters of Administration to the resulting in a net amount for dis- This is a general outline and
Ideally, the decedent has already personal representative. Letters of tribution. It is recommended that describes a situation where the
communicated the whereabouts Administration provided by the this accounting be approved by all decedent has left a Will and admin-
of the document to the personal Surrogate allow the personal rep- beneficiaries prior to distribution. istration can be promptly initiated.
representative. The Will should be resentative to contact, in the name In certain cases, formal applica- We know that in the real world,
presented to your attorney at the of the decedent’s estate, the institu- tion for approval must be made to no two situations are alike and
earliest possible time. If access to tions, banks, creditors, employer, the Probate Court upon notice to people sometimes can’t agree what
a safe deposit box is not read- all beneficiaries, but in the vast the intention of a testator was or
ily available, your attorney can majority of cases, an informal how an estate is to be administered.
assist you in the process. It is accounting can be prepared and These can be the topic of a future
most important to point out sent for written approval by ben- article.
here that first and foremost eficiaries. This is almost always Generally, the probate process is
Written By: the personal representative best prepared by an attorney as is anticipated to be completed within
Robert J. Casella (executor or administrator) is a the account and written approval. 12 months. However, this may not
I to our readers the general ben-
Member NJ Bar fiduciary. This means that they The execution of a release to always be possible where there are
work for the estate and its ben- the administrator is required disputes among heirs or with tax-
n my last article I pointed out eficiaries. They cannot favor or to discharge the administrator’s ing authorities, difficult to locate
self-deal for themselves person- post office, pro- obligation to the beneficiaries. assets or assets that are difficult to
efits of making a Will to provide ally. I always make this clear in fessional and religious organi- The law also requires a personal value or sell. In those instances,
direction for those you love. At my first meeting with a personal zations for and from whom benefits representative, to ascertain whether partial distributions may be made
this time I would like to provide representative. The assistance of an to the estate may be obtained or to any beneficiary is responsible for throughout the administration with
a general and somewhat simpli- attorney can help avoid any situa- whom verification of indebtedness the payment of unpaid child sup- the consent of the beneficiaries
fied outline of what a loved one, tions that might be interpreted as must be made. port or other governmental obliga- and, where necessary, the Courts.
as personal representative for a self-dealing by the personal repre- Valuing assets as of date of death tions. An administrator’s failure to
At Basile & Testa we wel-
deceased person, needs to do to sentative. Under the general head- is often necessary where Transfer obtain this information or make a
come your inquiries and
fulfill their duties. I will also point ing of “gathering and caring for the Inheritance Taxes or New Jersey or diligent search and payment may
interest and look forward
out specific areas where an attorney property of the estate”, an admin- federal estate tax returns need to be subject them to liability. Again, an
to meeting with you con-
would be of great assistance in this istrator’s specific duties include filed. Your attorney can assist you attorney’s assistance to comply with
fidentially to discuss your
procedure. safeguarding the home and any in consulting with accountants, these procedures is the best advice.
needs and concerns about
If you are the next of kin, perishable property, securing motor appraisers and brokers for these The personal representative is
the probate process.
chances are you will be directly vehicles, locating asset and debt purposes and where long term
involved in making funeral arrange- documents such as deeds, financial planning is required, the services of
Basile & Testa, P. A.
ments. Even where the decedent statements, bank accounts, unpaid financial planners are best sought at
has already pre-planned and paid bills, credit cards, military records, this point.
for services, the interaction with a social security information, motor Once a personal representative Counselors at Law
funeral director is important. They vehicle titles, birth certificates, knows what the assets of the estate
will almost always assist the fam- divorce documents, income tax are and has control of them, they 424 Landis Avenue,
returns and insurance policies. can begin to evaluate and pay the
ily with publishing death notices,
This is a partial list, but these are debts of the estate while maintain-
Vineland, New Jersey 08360
obtaining death certificates, and
insurance and social security ben- generally the most important docu- ing the assets for the benefit of ben- Phone: 856.691.2300 – Fax: 856.691.5655
efits for the payment of funeral ments to be secured and reviewed eficiaries and eventual distribution. www.basiletesta.com
expenses. They may work with with your lawyer to assist in the It may be necessary to file a final e-mail: info@basiletesta.com
religious leaders and churches in probate and administration of the income tax return for the decedent
decedent’s estate. Often there can and inheritance/estate tax return MICHAEL L. TESTA MICHAEL L TESTA, JR., LL.M.
the community to arrange for MASTERS DEGREE IN TRIAL ADVOCACY
appropriate religious services. But be an issue with the handling of a and see to the timely payment of CERTIFIED CIVIL TRIAL ATTORNEY
CERTIFIED CRIMINAL TRIAL ATTORNEY ROBERT J. CASELLA
even before a decedent’s funeral, decedent’s pets. Your obligations taxes due. During the course of TODD W. HECK, LL.M. JUSTIN R. WHITE
the job of the personal representa- will vary depending upon the administration, your attorney can MASTERS DEGREE IN TAXATION MEMBER NJ AND PA BAR
tive has already begun. wishes of the decedent and the abil- assist you in deciding which assets MEMBER NJ, NY AND PA BAR
ity of family members to care for or can be distributed in kind and RENEE E. SCROCCA SHARON A. FERRUCCI
The probate process that is the __________________
formalities of winding up the affairs adopt the pets of a loved one. which need to be sold to raise cash. FRANK G. BASILE
of a decedent and distributing their Probating a decedent’s Will is Finally, to make distribution, (1963-2005)
estate, begins with the location of essentially filing the document with the personal representative needs
the decedent’s Will. Oftentimes, the proper Court. In New Jersey to account to the beneficiaries for FRANK J. TESTA
(1940-2001)
ROBERT J. CASELLA was born in Vineland, New Jersey. Robert is a graduate of the Widener University
School of Law and was admitted to the New Jersey Bar in 1977. He is also admitted to practice before the
United States District Court to New Jersey and the United States Supreme Court. He has represented and coun- • Personal Injury • Medical Malpractice
seled clients in Municipal Court, Superior Court, and Federal District Court. Mr. Casella concentrates his prac- • Criminal • Workers Compensation • Traffic
tice on the areas of Wills, Estates, Probate, Real Estate, Zoning and Planning, Bankruptcy and Corporations.
Prior to joining the law firm of Basile & Testa, PA, Robert was a partner in the law firm of Casella & Casella • Real Estate • Zoning • Wills • Employment Matters
from 1977-2003. Mr. Casella’s professional associations include Cumberland County Bar Association • Tax Planning • Corporate Contracts & Litigation
and the South Jersey Business Association.
The County Woman Magazine 00 October/November 2008
