When an individual who has a will passes away, the will must be admitted to probate in the Surrogate’s Court. Usually if the original will is available, the probate process is not time consuming or expensive. However, sometimes issues arise if the individual named as executor has health or financial issues or if multiple individuals are named to serve as co-executors. One of the individuals may pressure the other(s) not to accept the appointment. If only a copy of the will can be located, then a court proceeding is needed to have the copy admitted to probate.
If the individual dies without a will, then a court proceeding is required to have an administrator appointed for the estate. It is not uncommon for multiple individuals to seek appointment as the administrator. In addition to having control over the assets of the estate, the administrator will be entitled to commissions – which can be substantial for a larger estate.
Contact Schwartz Hunter, PC to arrange a consultation with a lawyer at a reduced rate by calling 973-895-1175 or by contacting us online. For those clients who may have a difficult time coming to our Randolph, New Jersey, office for an appointment, we can make arrangements to meet with you.