If you are an out-of-state resident, then you may find yourself in a situation where a relative has passed away and they named you as the executor or executrix of their estate. Even though your relative was domiciled in your state, he/she may have owned real property in New Jersey. Oftentimes, real property is the most valuable asset of an estate that needs to be sold to pay off estate debts and fund distributions to the beneficiaries. Here are frequently asked questions and answers regarding ancillary administration in New Jersey.
Q: Do I need to be appointed executor for my relative’s estate to conduct an ancillary administration?
A: Yes, you will need to be appointed as executor or administrator in your state to conduct the ancillary administration in New Jersey. We do not practice law outside of New Jersey, so please review your state’s probate laws to understand how to qualify as executor or become appointed administrator in your state.
Q: I was already appointed as executor for my relative’s estate, so do I need to be appointed in New Jersey to sell the property?
A: Yes, you need to be appointed in New Jersey to sell estate property located in New Jersey. You will need to reach out to the Surrogate’s office in the county where the property is located to obtain short certificates appointing you as an out-of-state executor. You will not be able to legally deed the property to someone else, even if it is to the beneficiaries, without the proper short certificates.
Q: Do I need any documents to obtain short certificates or do I just fill out an application?
A: Surrogate’s offices vary from county to county in New Jersey and tend to have different qualifying procedures but most will require you to fill out an application or qualifying documents that need to be signed in front of a public notary. The qualifying documents may ask for further documentation such as certified death certificates, a certified deed, and exemplified pleadings from underlying probate proceedings. We can help you complete the qualifying documents to obtain short certificates from the Surrogate’s office.
Q: I have already obtained short certificates, can I sell the property myself or should I hire a realtor?
A: You can sell the property yourself, but, realistically, you should hire a realtor and a transactional attorney to assist you. New Jersey has a unique real estate market that varies from county to county that oftentimes is not reflected in the listing price. You do not want to risk selling the property for less than what the estate can actually get for it.
Q: I do not have the time to travel to New Jersey to handle the ancillary administration, can you handle the ancillary administration for me?
A: Yes. I have handled numerous estate administrations and real estate transactions and can provide legal assistance with all aspects of the ancillary administration.
Call us today for your free initial consultation.
