Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

How can I sell a parent’s house after death in Atlantic County?

Posted on Wed Jun 17, 2015, on Probate and Estate Administration

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

Tags:

Atlantic County, Intestate, New Jersey, Probate, Probate Attorney, Probate Lawyer, Rules of Intestacy

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Rachel Roney

Peter has done a great job with the estate planning for my father. He is very thorough and patient as we, the family need to make decisions.

Klenk Law Logo
Stars

Linda F.

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Klenk Law Logo
Stars

Chantee C.

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Klenk Law Logo
Stars

Dylan. S

Peter provided outstanding advice and preparation of a will and trusts.

Klenk Law Logo
Stars

Kevin K.

I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.

Let us put our expertise to work for you.

Free consultation within 24 hours.