It is necessary at the outset to ascertain certain information in order to do an administration of the estate.  (See Information Sheet For Administration)

1.  Check the death certificate to determine which Surrogate’s Court has jurisdiction.  The Administration must be done in the County where the decedent resided.

2.  List all next of kin with names, addresses and ages, if minors.  If there are any deceased next-of-kin then their issue must be named.

3.  List all the assets in the decedent’s alone in order to determine the number of short certificates that will be requested.

4.  Determine the value of these assets of the decedent for the purpose of securing a surety bond if one is required.

5.  Determine who has first right to make application for administration. 

Application for administration may not be granted until the sixth day after the decedent died.

If the decedent was married, the person having the first right to apply for Letters of Administration is the surviving spouse.  If the property owned by the decedent alone exceeds 

$ 20,000 but is less than $ 50,000, no bond need be posted.  However, if the decedent has children with other than the surviving spouse a bond is required if the estate is $ 20,000 or more. If the decedent had children with surviving spouse and the estate exceeds $ 50,000 a bond will be required.  If the decedent had no children but a surviving spouse and parents and the estate exceeds $ 50,000 a bond will be required. If there is only a surviving spouse with no children of both or the decedent, and no parents of the decedent, no bond is required regardless of the value of the estate. 

If the surviving spouse renounces, then he/she has the right to ask for the appointment of someone else and that person will be required to post bond regardless of the value of the estate.

If there is no surviving spouse and the property owned by the decedent alone exceeds $ 10,000, the next-of-kin in order of degree may apply for Letters of Administration.  A person making such an application must present renunciations from all competent adults whose right to letters is prior or equal to his/hers or, in lieu thereof, must produce sufficient notice of such application has been given to all such persons.  The notice may not be less than 10 days for residents of New Jersey, and 60 days for persons resident outside of New Jersey.

The Administrator/trix will make Application for Administration, file an Authorization To Accept Service of Process (Power of Attorney) and execute an Administrator Qualification that he/she will faithfully perform the duties of this office.  He/she will obtain renunciations and post bond   as security for the faithful performance of his/her duties.  The bond must be signed by the plaintiff as principal and his/her signature must be witnessed.  An approved bonding company may act as surety on the plaintiff’s bond.

The Surrogate will then issue Letters of Administration which is the authorization for the administrator/trix to act on behalf of the estate and Administration Short Certificate which the administrator/trix uses as proof of his/her authority to transfer or sell assets of the decedent.

When the administrator/trix has paid funeral expenses, taxes, creditors, performed Child Support Judgment searches on the beneficiaries and made distribution to the beneficiaries of the estate then Refunding Bonds and Releases must be executed by all who inherited from the estate.  Each beneficiary must complete a Bond and sign before a Notary Public.  This Bond is filed with the Surrogate.  The Surrogate will issue to the Administrator/trix a Certificate of Release which the administrator/trix presents to the bonding agent to be released from the bond.  This bond releases the administrator/trix from his/her administration and ensures that if a creditor were to make a claim against the estate all the beneficiaries would place monies back into the estate for payment.  Remember, however, that an estate is only liable for debts up to the value of the assets of the estate.

If no application for Letters of Administration is made within 40 days after the decedent’s death by surviving spouse or next-of-kin, a creditor may apply for letters.  An application is generally accompanied by affidavits of inquiry, and recites the interests of the party making application.  Notice must be given to all parties in interest or renunciations must be submitted from them.  As a rule the creditor is not appointed the administrator because his/her interests would be adverse to those of the next-of-kin.  Instead the Surrogate appoints a disinterested party.
In the case where there is no known next-of-kin, the Surrogate will require a letter from the Attorney General’s office to proceed with the appointment of a disinterested party. 

Substitutionary administrationoccurs when a prior administrator/trix of an interstate has died, resigned, been discharged or failed to serve for some reason.

1.  Check the death certificate to determine which county Surrogate’s Court has jurisdiction. The Administration must be done in the County where the decedent resided.

2.  List all next of kin of proper decree of kinship with names, addresses and ages, if minors. If there are any deceased next-of-kin then their issue must be named. (See Decree of Kinship Chart)

3.  List all the assets in the decedent’s name alone in order to determine the number of short certificates that will be requested.

4.  Determine the value of these assets of the decedent for the purpose of securing a surety bond if one is required.

Determine who has first right to make application for administration. 

Application for administration may not be granted until the sixth day after the decedent died.

For date of death on or after February 27, 2005 

If the decedent was married, the person having the first right to apply for Letters of Administration is the surviving spouse. If the property owned by the decedent alone exceeds $ 20,000 an administration needs to be done. 

If the decedent has a surviving spouse but no children of the decedent and no parents, the surviving spouse receives 100% of the estate and no bond is required.

If the decedent has a surviving spouse and children of the decedent all of whom are also children of the spouse and no other descendants the spouse will receive 100% of the estate and no bond will be required. The children receive nothing.

If the decedent has a surviving spouse and no children of the decedent but surviving parents the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus three-fourth of the balance of the estate; parents receive all other assets. A bond will be required if the estate is over $ 50,000.

If the decedent has a surviving spouse and children of the decedent whom are not children of the surviving spouse, the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus one-half the balance; children receive all other assets. A bond will be required for an estate over $ 50,000.

If the decedent has a surviving spouse and children of the decedent and children whom are not children of the decedent the spouse will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,00 plus one-half the balance; children receive all other assets. A bond will be required for an estate over $ 50,000.

If the decedent has no spouse, no children of decedent, no parents, no descendents of parents, no grandparents or descendents of grandparents but children of the spouse (stepchildren) the stepchildren will receive 100% pf the state and a bond will be required.

If you die leaving no spouse, no children of the decedent, no parents, no descendents of parents, no grandparents or descendents of grandparents and no children of a spouse the estate passes to the State of New Jersey Unclaimed Property Administrator.

If the surviving spouse renounces, then he/she has the right to ask for the appointment of someone else and that person will be required to post bond regardless of the value of the estate.

If there is no surviving spouse and the property owned by the decedent alone exceeds $ 10,000, the next-of-kin in order of degree may apply for Letters of Administration. A person making such an application must present renunciations from all competent adults whose right to letters is prior or equal to his/hers or, in lieu thereof, must produce sufficient notice of such application has been given to all such persons. The notice may not be less than 10 days for residents of New Jersey, and 60 days for persons resident outside of New Jersey.

It is necessary at the outset to ascertain certain information in order to do an administration of the estate.  (See Information Sheet For Administration)

1.  Check the death certificate to determine which county Surrogate’s Court has jurisdiction. The Administration must be done in the County where the decedent resided.

2.  List all next of kin of proper decree of kinship with names, addresses and ages, if minors. If there are any deceased next-of-kin then their issue must be named. (See Decree of Kinship Chart)

3.  List all the assets in the decedent’s name alone in order to determine the number of short certificates that will be requested.

4.   Determine the value of these assets of the decedent for the purpose of securing a surety bond if one is required.

Determine who has first right to make application for administration.

Application for administration may not be granted until the sixth day after the decedent died.

If the decedent was married or was a registered domestic partner, the person having the first right to apply for Letters of Administration is the surviving spouse or domestic partner. If the property owned by the decedent alone exceeds $ 20,000 an administration needs to be done.

If the decedent has a surviving spouse or domestic partner but no children of the decedent and no parents, the surviving spouse or domestic partner receives 100% of the estate and no bond is required.

If the decedent has a surviving spouse or domestic partner and children of the decedent all of whom are also children of the spouse or domestic partner and no other descendants the spouse or domestic partner will receive 100% of the estate and no bond will be required. The children receive nothing.

If the decedent has a surviving spouse or domestic partner and no children of the decedent but surviving parents the spouse or domestic partner will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus three-fourth of the balance of the estate; parents receive all other assets.  A bond will be required if the estate is over $ 50,000.

If the decedent has a surviving spouse or domestic partner and children of the decedent whom are not children of the surviving spouse or domestic partner, the spouse or domestic partner will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,000 plus one-half the balance; children receive all other assets.  A bond will be required for an estate over $ 50,000.

If the decedent has a surviving spouse or domestic partner and children of the decedent and children who are not children of the decedent the spouse or domestic partner will receive the first 25% of the estate but not less than $ 50,000 nor more than $ 200,00 plus one-half the balance; children receive all other assets.  A bond will be required for an estate over $ 50,000.

If the decedent has no spouse or domestic partner, no children of decedent, no parents, no descendents of parents, no grandparents or descendents of grandparents but children of the spouse or domestic partner (stepchildren) the stepchildren will receive 100% of the state and a bond will be required.

If you die leaving no spouse or domestic partner, no children of the decedent, no parents, no descendents of parents, no grandparents or descendents of grandparents and no children of a spouse or domestic partner the estate passes to the State of New Jersey Unclaimed Property Administrator.

If the surviving spouse or domestic partner renounces, then he/she has the right to ask for the appointment of someone else and that person will be required to post bond regardless of the value of the estate.

If there is no surviving spouse or domestic partner and the property owned by the decedent alone exceeds $ 10,000, the next-of-kin in order of degree may apply for Letters of Administration.  A person making such an application must present renunciations from all competent adults whose right to letters is prior or equal to his/hers or, in lieu thereof, must produce sufficient notice of such application has been given to all such persons.  The notice may not be less than 10 days for residents of New Jersey, and 60 days for persons resident outside of New Jersey.

The Administrator will make Application for Administration, file an Authorization To Accept Service of Process (Power of Attorney) and execute an Administrator Qualification that he/she will faithfully perform the duties of this office.  He/she will obtain renunciations and post bond, if required, as security for the faithful performance of his/her duties.  A surety bond must be signed by the plaintiff as principal and his/her signature must be witnessed.  An approved bonding company may act as surety on the plaintiff’s bond.   The completed surety bond must be returned to the Surrogate’s Court.

The Surrogate will then issue Letters of Administration that is the authorization for the Administrator to act on behalf of the estate and Administration Short Certificate that the Administrator uses as proof of his/her authority to transfer or sell assets of the decedent.