Livingston, NJ asked in Probate for New Jersey

Q: We live in NJ. My uncle passed away and me and my brother only relative he has left. His estate gets divided to us?

I know he has property that is all I know. Is this automatic by the state or?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Crossville, TN

A: It's not automatic. You need to hire a probate attorney near where your uncle died to probate your uncle's estate. Usually the legal fees and court costs and executor's fees are paid by the estate.

Lazaro Cardenas
Lazaro Cardenas
  • Probate Lawyer
  • Freehold, NJ
  • Licensed in New Jersey

A: Hi, it is not automatic. if your uncle wasn’t married and had no children, siblings, or parents who were alive at the time of his death, and the two of you are the only heirs alive, then you will need to open probate and get named as administrator/executor for the estate. After that you’ll have access to his assets and will be able to distribute as per the intestacy laws of NJ if he didn’t leave a will. I suggest contacting a probate attorney in New Jersey who can assist you with this process.

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