There are many, many people who put off the essential task of creating a will for themselves. They may know that they really need to do it, but keep procrastinating. They may think that since they’re not rich, it’s not that important. They may figure that their loved ones will simply step up and take charge once they die. Unfortunately, in the state of New Jersey, when a resident dies without having a will in place, the rules that the state has in place are what dictates who will inherit the decedents belongings, and if that isn’t the way that you wanted your belongings distributed, there won’t be a thing you can do about it. The assets belonging to a person who dies ‘intestate” will automatically follow the rules that are in place for inheritance, but an Administrator is still needed to take care of the arrangements.  If you have a will, it will name an executor. But without a will, the heirs to an estate (or whoever wants to be in charge of estate administration) needs to apply to the Surrogate’s Court for the county where the decedent resided.

The person who is applying needs to have the original death certificate, an estimate of the estate’s gross value, the legal names of the decedent’s spouse, descendants and next of kin, and the money to pay for the surrogate’s fees. They will also likely need to be bonded. Anybody can apply to be the administrator of an estate, but there is a certain order of rights to being an Administrator.  The priority order set out by the statute of descent and distribution is:

• Spouse or registered domestic partner
• Adult child
• Guardian of minor children of the decedent if no spouse or adult children
• Decedent’s parents
• Decedent’s siblings
• Decedent’s grandparents
• Decedent’s aunts and uncles
• Decedent’s stepchildren

If a person wants to be the Administrator instead of the person who is ahead of them in order of priority, they need to have the people with superior or equal right provide a written renunciation of their rights.

Unfortunately, these situations are frequently not straightforward, and survivors are often left in adversarial positions. Even where there is no disagreement about who should be the administrator, the person who takes on that responsibility faces the burden of answering questions and taking care of things that would already have been addressed had the person died with a will in place.  They will be tasked with paying all creditors and taxes and maintaining receipts for all payments. They need to be accountable to the heirs, even though they are not the ones that determine who inherits the assets.

To save your survivors from the potential of having to deal with stress and arguments, the best thing you can do is to set up a will that puts one person in charge and provides them with specific instructions as to the disposition of your assets. The professionals at Rothamel Bratton are here to help. Call us today to set up a convenient appointment.