Best Probate Lawyers in Camden

FAQs

• What is the non-emergency contact number for the local police station in Camden, New Jersey?

  856-757-7400 is the non-emergency contact number for the local police station in Camden.

• Where can I get a copy of police reports for incidents related to my case in Camden, New Jersey?

  To get a copy of a police report, visit: https://camdencountynj.mycusthelp.com/WEBAPP/_rs/(S(dljiem13wfmtnhyscn1k3zb1))/supporthome.aspx.

• What is the process for appointing an administrator in Camden when there is no will?

  When there is no will governing an estate in Camden, a surrogate appoints an administrator based on the priority order set by law. The surviving spouse has the first right to act, followed by other heirs. If an individual doesn't claim administration within 40 days, any suitable applicant can be granted letters of administration, provided that those with higher priority have renounced their claim or are notified of this action.

• When are short certificates granting legal authority to sell or transfer assets issued in Camden?

  Eleven days following the date of death, short certificates granting the right to sell or transfer property are issued. Before the certificates are given, this waiting period gives any possible beneficiaries or heirs the opportunity to submit a caveat. The executor can obtain the short certificates from the Surrogate's Court when this 11-day window has passed and no caveat has been submitted, providing them the required legal authority to oversee and transfer the decedent's assets.

• Is it required in Camden to go through the probate process?

  Yes, probate is required in Camden, as it is in the rest of New Jersey. But for estates worth less $20,000, there is a streamlined procedure called summary administration. This method enables a simpler and quicker probate process. The formal probate procedure must be conducted to settle estates with values above this threshold or in situations where there is no will, in order to distribute assets to the proper beneficiaries or heirs.

• Which assets are considered non-probate assets in Camden?

  Non-probate assets in Camden are those that are distributed to beneficiaries without going through the probate process. These assets include jointly owned assets like bank accounts and real estate, as well as assets with designated beneficiaries like pensions, life insurance, and annuities. Beneficiaries acquire non-probate assets right away, without the probate court procedure.

• How can a surviving spouse transfer Camden assets to their own name?

  In Camden, a surviving spouse can complete an "affidavit of waiver" or form L-7 given by the bank to transfer the assets to their own name. This agreement permits the transfer of assets from the joint account to the surviving spouse's individual name. You can get the specific paperwork right from the bank where the account is housed.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.