Freehold, NJ - The probate process can be confusing and emotionally taxing for families dealing with the death of a loved one. New Jersey probate attorney Christine Matus of The Matus Law Group (https://matuslaw.com/does-a-will-have-to-be-probated-in-new-jersey/) offers clarity on a common concern: Does a will have to be probated in New Jersey?
Christine Matus, a New Jersey probate attorney with more than two decades of experience, explains that in many cases, the answer is yes. "If a decedent has probate assets held solely in their name, their will must be probated regardless of the estate's value," Matus states. Probate assets can include real estate, personal property, bank accounts, and investment accounts that do not have joint ownership or designated beneficiaries.
In her role as a New Jersey probate attorney, Christine Matus emphasizes that probate is a legal process managed by the Surrogate’s Court in the county where the decedent resided. Probate is necessary to ensure that the deceased’s assets are properly transferred to their intended beneficiaries, debts are paid, and the terms of the will are legally validated and carried out. Without probate, legally transferring many types of assets would not be possible, especially those solely in the decedent's name.
“Probate occurs after a person’s death and allows for the court-supervised distribution of their estate,” Matus explains. “The process includes appointing an executor or administrator, notifying heirs, settling debts, and distributing the remaining assets.” For those unfamiliar with the legal system, these responsibilities can be overwhelming, especially during a period of mourning. That’s why, according to Matus, the guidance of a probate attorney is often essential.
Probate is not required for every estate. Some situations allow for bypassing the formal court process. Christine Matus, New Jersey probate attorney, outlines several ways probate might be avoided. For example, if the deceased’s assets were jointly owned with rights of survivorship or placed into a revocable living trust, those assets can transfer outside of probate. Likewise, life insurance policies and retirement accounts with properly designated beneficiaries are also considered non-probate assets.
Still, most estates in New Jersey that include individually owned assets do require probate. Christine Matus notes that New Jersey law mandates a 10-day waiting period after death before probate can be initiated. The executor named in the will must present the original will, a certified death certificate, and additional documents to the Surrogate’s Court to begin the process.
“Without probate, assets like real estate, vehicles, or bank accounts remain legally tied to the deceased, preventing beneficiaries from accessing them,” Matus notes. “If probate is delayed or neglected, it can result in mounting property taxes, ongoing expenses, and creditor issues that harm the estate.”
If there is no will, the estate is considered intestate, and the court appoints an administrator to manage the distribution of assets according to state law. For smaller estates, defined as those valued under $50,000 with a surviving spouse or under $20,000 without one, New Jersey allows for an affidavit procedure to collect assets, but only when no valid will exists.
Christine Matus underscores the risks involved when an executor fails to initiate probate. In such cases, the executor could be held personally liable for losses to the estate or beneficiaries. Probate ensures legal clarity in matters of asset distribution, creditor claims, and disputes over the will’s validity. “Will validity can’t be addressed without probate,” Matus emphasizes. “Without it, any concerns or conflicts about the document’s authenticity remain unresolved.”
The length of the probate process in New Jersey varies. On average, it may take six months to over a year, depending on the complexity of the estate, any legal challenges to the will, outstanding debts, or delays from the Surrogate’s Court. Christine Matus advises clients that careful planning and prompt action can help reduce complications and keep the process on track.
Although the cost to probate a will in New Jersey is relatively modest, starting at $100 for the first two pages of the will, delays and mistakes can lead to significant complications. Executors are also required to complete Child Support Judgment searches for all beneficiaries and comply with any unique local court rules.
For individuals wondering whether probate is necessary, Christine Matus offers a practical approach. “The key factor is whether the deceased owned assets solely in their name without a beneficiary designation,” she explains. “If so, probate is usually required to transfer those assets legally.”
Anyone dealing with estate administration or concerned about a delayed probate process should consider legal support. A probate attorney can manage court filings, inventory assets, settle debts, handle disputes, and ensure that the estate is closed properly. According to Matus, this is especially important when beneficiaries live out of state, or when the estate involves significant real property or potential conflicts among heirs.
Christine Matus and The Matus Law Group continue to serve families across New Jersey, helping clients navigate the probate process with clarity and care. Whether the estate is straightforward or involves complex property and financial issues, their goal remains consistent: to honor the deceased’s wishes while protecting the rights of all beneficiaries.
Families and personal representatives looking to understand their legal responsibilities during probate or seeking to avoid potential liabilities should take steps now to get informed and supported. Acting early can make a difficult time more manageable and ensure the estate is settled in accordance with New Jersey law.
About The Matus Law Group:
The Matus Law Group is a New Jersey-based law firm with over 20 years of experience in estate planning and probate law. Led by Christine Matus, the firm provides legal support in matters related to wills, trusts, probate, and guardianship. The firm is committed to guiding clients through complicated legal processes with personalized service and attention to detail.
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