Understanding Ancillary Probate in New Jersey and How it Works

HNW Estate Administration and Probate

Here’s a Helpful Article on How to Legally Transfer Real Estate Located in New Jersey Which is Owned by a Non-Resident Decedent’s Estate

transfer ownershipAncillary probate often can be waived in NJ in the sale and transfer of ownership to vacation homes and other real estate owned by a non-resident decedent.

Real estate located in New Jersey which was owned by a non-resident at time of death passes under the laws of New Jersey regardless of that person’s State of residence at the time of his/her death.

Vacation Homes and Second Residences Located in New Jersey

The following situation frequently occurs in our practice, namely the sale of a New Jersey vacation home by the Estate of a Pennsylvania or New York decedent.   There are several ways that such sales can take place.   Each is fairly straightforward.  The first occurs where the estate has been probated in the State of decedent’s residence; In New Jersey, the executor or administrator can simply obtain authenticated copies of the letters of appointment and official bond (if any) provided by the home state.  These documents are then filed with the Surrogate of the county where the real property is located.   No formal ancillary probate proceeding (i.e. formal reappointment of the executor/administrator in New Jersey) will be required in these circumstances and the executor/administrator can proceed with the sale as if they had been appointed in New Jersey.

There is another alternative to probate which is permitted under N.J.S.A. 3B3-27.  The executor appointed in the decedent’s home state may record exemplified copies of the Will and related probate documents with the Surrogate of the New Jersey County in which the decedent owned real property;   whereupon, the foreign fiduciary may deal with the decedent’s New Jersey real property as if he/she has been appointed here.

Please be reminded that when accepting a Deed from the executor or administrator of a foreign state, the deed should include a GIT-REP 1, and the appropriate payment made.  New Jersey Transfer Taxes, New Jersey Estate Taxes and Federal Estate Taxes may be due on the transaction, depending upon the size of the estate and the identity of the devisees.

Contact me personally today to discuss your New Jersey Probate and Estate Administration matter.  I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns.  You can reach me toll free at (855) 376-5291 or e-mail me at fniemann@hnlawfirm.com

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright a Freehold Township, Monmouth County, NJ Estate and Probate Administration Attorney

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