R.C. Shea & Assoc. Inside The Law Don’t Fear Probate!

By: Marc S. Galella, Esq. of R.C. Shea & Associates

One of the most common statements I hear when I am discussing estate planning with my clients is: “How do I avoid probate?” or its alternative: “I want to avoid probate.” My answer to such comments is: “Why do you fear probate?” In most cases the response I receive is (1) “I hear probate is very expensive and can wipe out my estate;” (2) “I hear that probate can take a long time and tie up my estate for years”; or (3) “If my Will is filed for probate, anyone can see what it says.”

The reality is that none of these reasons to avoid probate applies to New Jersey. The probate process in New Jersey, and in Ocean County specifically, is simple, inexpensive and usually takes less than 15 minutes. In fact, it usually takes me longer to explain the probate process than it actually takes to do. In fact, many of the “horror stories” people hear about the probate process almost always occur in other states where the probate process can be both time consuming and expensive. In New Jersey to probate a Will, you will need the original Will, an original death certificate, the names and addresses of the beneficiaries named in the Will (and any other heirs not named in the Will) and the Social Security Number of the person named in the Will as the executor.

With these documents in hand, the executor named in the Will must go to the Surrogate office in the county in which the decedent was a resident at the time of death. In most cases it is unnecessary to make an appointment. After signing in with the receptionist, the executor will be called to meet with one of the probate clerks. The clerk will take the documents and then prepare the probate documents. In general, the executor will have to sign three different documents in the presence of the probate clerk. Thereafter, the Surrogate office will send the executor what are called Letters Testamentary which then allow the executor to act in place of the decedent to marshal the estate assets, satisfy the estate debts and then to distribute the estate assets as directed by the Will. The fee for probate is based on the number pages in the Will. For example, a four-page Will costs $115.00 to probate, hardly an expense that will wipe out an estate.

Although the Will becomes a public record after it is filed for probate, in my opinion this is of little concern. While it may be a concern for famous people, most of the people reading this article are not so famous that anyone would make a trip to the Surrogate office to read their Wills. The probate process in New Jersey is not a difficult or expensive process and no one should fear the probate process.

Our clients’ success is our greatest reward.

Police:

Continued From Page 1 crashed into the building. The building sustained moderate damage to the front wall and window. The Berkeley Township Building Inspector responded to the scene and deemed the building safe to occupy. The vehicle was towed from the scene. No charges or summons were issued.

On December 28, Patrolman Shawn Lightbody, Patrolman Brian Flanegan and Patrolman Devon Tasso responded to the area of Millcreek Road/ Ocean Gate Drive for a report of a motor vehicle accident without injuries. Upon arrival it was determined that the driver of the vehicle, Jennifer Bilinski, 44, of Beachwood, was driving while intoxicated. Bilinski was arrested and transported to police headquarters where she was processed and charged with Driving While Intoxicated, Carless Driving, and Refusal to Consent. Bilinski’s vehicle was impounded in accordance with John’s Law. Bilinski was released pending a future court date.

Love For Pittie Valentines Bash

BERKELEY – The Pittie Project will be hosting their Love for Pittie Valentines Bash on February 5 from 1 to 4 p.m. at Yesterday’s Restaurant. Join for fun, food, raffles, 50/50s and more.Ticket price includes four complimentary raffle tickets, hot lunch buffet, DJ music, beer, wine and soft drinks! Reserve a table for parties of eight to 10 people. Purchases tickets at thepittie.com/events/love-for-pittievalentines-bash.