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Estate Administration

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Attorney H. Scott Aalsberg, Esq., P.C.
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Attorney H. Scott Aalsberg, Esq., P.C.

Something we will all experience in life is losing a loved one:

It is never easy, and handling the deceased’s estate can compound stress during an already difficult time. Let us help you streamline the process. Whether your loved one had a valid will or died without a will, there are specific steps you must take as their next of kin in order to begin the legal process of settling their estate and passing the assets on to the next of kin. This legal process is known as probate, and it occurs regardless of whether the deceased had a valid will or not. Of course having a valid will can make the process streamlined and easier, but still paperwork must be filed and approved by the court. With a will a lot of the court work can be completed in a day. But, we can help you with this process whether the person died with or without a will. The estate must be handled in the Surrogate’s Court of the County where the deceased resided at the time of their death. This is the county that should be listed on the death certificate.

First Legal Steps You Need to Take:

After Death Your Executor or if they died without a Will these actions should be performed by the closest living relative generally a spouse or child if not spouse exists:

  • Get the death certificate: You can obtain official copies of your loved one’s death certificate with a raised seal from the funeral director we suggest getting at least 5 to 10 copies
  • Look for and obtain the original will: Settling your loved one’s estate should proceed more smoothly if they had a valid will in place at the time of their death. Search their home thoroughly, check any safe deposit boxes they may have had, or ask their attorney. If a will is located, give the original to the person named as executor of the estate.
  • Make a list of decedent’s next of kin: You will be required to provide the names and full addresses of the decedent’s closest next of kin, regardless of inheritance, estrangement, etc.
  • If your loved one died without a will tally up a list of assets and liabilities: If your loved one died without a will, you will be required to provide a list of assets and their value.

This information should be gathered right away and submitted to our office as soon as possible. However, please note that the court will not proceed with any matters until at least 10 days after the deceased's death. As your attorney, we will schedule an appointment with the probate office immediately after this 10-day period to begin moving the estate through the process as quickly as possible.

What We Will Do:

We Assist You:

We can assist you with probate & estate administration tasks including paying the deceased’s debts & taxes, resolving any disputes regarding the estate, & distributing the property & other assets properly and quickly to heirs. Probate can be complicated, allow us to help.

  • Advising executors about what steps must be taken to fund any trusts that may exist in your will.
  • Advising the executor on how to appropriately handle charitable beneficiaries. For example, notifying the New Jersey Attorney General’s Office when there is a charitable beneficiary.
  • If the deceased person had a trust instead of a will, advising the Trustee on the appropriate manner of distribution.
  • Advising executors concerning their responsibilities in terms of preserving the estate during the time period when assets are being gathered and distributed.
  • Assisting the executor with the formal or informal accounting that needs to be prepared before the estate has been distributed to the appropriate beneficiaries.
  • Protecting the executor through a release and refunding bond, which must be signed by beneficiaries.
  • Assisting the Executor in hiring an accountant to file the estate tax return.
  • Assisting the Executor in defending any lawsuits and will contests that may arise.

Guidance At Every Step:

Probate may have a bad reputation, but many families need the kind of court & attorney oversight that probate provides to ensure that their deceased loved one’s estate is handled correctly. We can help you get through this process quickly & efficiently saving you precious time and money.

Set Up A Consultation:

We know that losing a loved one is difficult; however, you don't have to go through the stressful process of probate alone. We can inform you of your rights & responsibilities, & help make the process simple. Call today at (732) 257-5040 to get started, the fee is only $300.00 but the advise may be priceless.