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 do you avoid probate in New Jersey?

Posted on Tue Feb 16, 2021, on Probate and Estate Administration

From Our “Ask a Question,” Mailbag: “My son lives out of state, so I want to make handing my estate easier for him. How do you avoid probate in New Jersey?”

How do you avoid probate in New Jersey

Estate Planning Lawyer, Peter Klenk

How do you avoid probate in New Jersey?

First, let’s make sure you know what you are trying to avoid.  Each state has a probate process. In some states, such as California, New York, and Florida, probate is a slow, expensive process.  In other states, such as New Jersey, the process is much easier.  One of the issues we would discuss with you is if avoiding probate is even needed. Your out-of-state son can manage our estate fairly easily using the New Jersey probate process.

What is probate? When you die, you don’t get to take “it” with you. Your house, bank accounts, jewelry, and even pets, all pass to someone else. Probate is the process where New Jersey makes sure your things end up in the right hands. That could be a creditor. It could also be a spouse or child. Probate, in its most simple form, is the process where interested people get to make sure the right person(s) receive the estate funds.

New Jersey Probate.

The New Jersey probate process starts with the Surrogate. Each county has a Surrogate. My experience is that surrogates are friendly, helpful people. When a person dies, the executor takes the Will and death certificate to the Surrogate. The county Surrogate’s job is to review these documents and then give the Executor paperwork recognizing him or her as the estate’s executor.

How do you avoid probate in New Jersey?

If you wish to avoid the process of registering the will and avoid probate, you have several options.

  1. Holding assets Jointly. During your lifetime, you could put your son as a co-owner on your real estate or bank accounts. Then, at your death, your son can claim your share. This avoids probate. But, during your lifetime, your son is a co-owner of your asset. Many people don’t care to “share” their property during their lifetime. Plus, should your son get divorced or have creditor problems, your asset might be compromised.
  2. Naming Your Son as a Beneficiary. Another method is to name your son as the beneficiary of your asset. This is a typical method for Life Insurance and IRAs. Some assets, such as land, don’t have a beneficiary option. Further, by naming your son directly as a beneficiary, you don’t provide him any protection from divorce or creditors. If you wish to help him keep his money separate from your daughter-in-law, you need to use a different method.
  3. Creating a Revocable Living Trust. This option gives you lifetime control over your assets and allows you to create a protective trust for your son. At your death, the Revocable Trust can become an Irrevocable Trust for his benefit. This shelters his inheritance from divorce and creditors. Furthermore, it can help make sure your money ends up with your grandchildren if your son doesn’t spend it.

Would you like more details about Revocable Living Trusts? Follow this link to my article, Revocable Living Trusts: Everything You Need to Know.

In Conclusion: How do you avoid probate in New Jersey?

I hope you found helpful this short article responding to How do you avoid probate in New Jersey.  I have also included some links for more detailed information. If you would like to know more, or have an estate that needs our help, contact us.  Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process. In fact, feel free to contact our office for a free consultation. 

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

It’s What We Do!

Tags:

Avoiding Probate

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

hinda schuman

very happy to deal with Peter Klenk law firm over many decades

Klenk Law Logo
Stars

CEGM

Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.

Klenk Law Logo
Stars

Walker Vreeland

Peter Klenk was a joy to work with. He made sure I understood every element of the process of estate planning and his firm made the process seemless and uncomplicated. Very grateful!

Klenk Law Logo
Stars

David Major

Had our will done with Peter and his team. Made the process super easy and understandable. His team lead by Laura Parisi were always available for questions and assistance. Professional and personable they made what can be a challenging experience hopeful and graceful. Cannot recommend their services enough!

Klenk Law Logo
Stars

Jacqueline Gowen-Tolcott

We had an excellent experience. Everyone was very personable, professional and efficient.

Let us put our expertise to work for you.

Free consultation within 24 hours.