From our “Ask a Question” Mailbag: Intestate Probate Process in Atlantic County, New Jersey

Most Recently Updated July 15, 2018.

“My mother passed away in Atlantic County, New Jersey. She was divorced, with four children, leaving no will. She only owned a house, but it has a mortgage taken out by her boyfriend. How do we sell the house?”

Intestate Probate Process in Atlantic County, New Jersey

Intestate Probate Process in Atlantic County, New Jersey

When a person dies as a resident of New Jersey without a will, they die “intestate.” New Jersey has a set of rules that dictate who has the right to petition the Atlantic County Surrogate to be named the Administrator of an intestate estate. In your case, all four children have this right.

If the children cannot agree as to who will serve, then there will be a hearing where the judge will select an Administrator.

This Administrator will then have the power to sell the house. It is likely that the Administrator will find that your mother signed documentation allowing her boyfriend to put the mortgage on the house. The Administrator will also have the right to review all the paperwork to see if there is any claim to recover any money from the boyfriend.

More Probate Questions?

The intestate probate process is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Intestate Probate Process in Atlantic County, New Jersey

I hope that this article was helpful in explaining the intestate probate process. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Probate Paralegal, Jacqueline Mettinger