What are the Common Reasons for Probate Delays in New Jersey?
Monmouth County explains that probate is the court-supervised process through which a person’s estate is finalized. It can be a long, slow, and even frustrating process. While simple probate may be finalized in as little as a few months, delays are unfortunately common. At Poulos LoPiccolo PC, we are leaders in probate law. Here, our Monmouth County probate lawyer explains the most common reasons for delays in New Jersey.
The Top Four Reasons Why Probate Can Get Delayed in New Jersey
Reason for Probate Delay #1: Disputes Over the Existence or Validity of the Will
When probate starts in New Jersey, the will is submitted. The probate court needs to confirm the existence and validity of the will. It is one of the most common reasons for delays. In fact, a contest over the will will create an almost immediate delay. because the Surrogate’s Court will not move forward until validity issues are resolved. A party to the probate case may allege lack of testamentary capacity, undue influence, or improper execution.
Reason for Probate Delay #2: Issues With the Appointment of the Executor
Delays often arise at the start when no qualified executor is ready to serve. The named executor may decline, become incapacitated, or face disqualification based on statutory limits. If no valid appointment exists, the court must appoint an administrator under New Jersey Statutes Section 3B:10-2. If any issues can arise, there can be major delays.
Reason for Probate Delay #3: Creditor Claims (Valid or Invalid)
All implicated creditors need to be notified about the probate process. Another big reason for delays is that issues can arise with creditor claims. Some of these claims are valid, other of these claims are not valid. An estate cannot close until valid creditor claims are addressed. Disputed claims may require negotiation or litigation. Priority rules govern payment. Taxes, administration expenses, and secured claims typically receive preference. Insufficient liquidity can force asset sales, including real estate. Of course, that can add to the delay.
Reason for Probate Delay #4: There May Be Difficulty Locating, Valuing, or Liquidating Assets
Finally, another big reason for probate delays is problems related to assets. There may be issues regarding the location, value, or liquidation of property/assets. It is a big issue for estates in New New Jersey with more complex property. Estates that include closely held businesses, partnership interests, or multiple properties require careful valuation. In some cases, appraisals may be necessary to establish fair market value for distribution and tax reporting. Title issues can complicate real estate transfers. Missing or poorly documented assets create additional problems.
Speak to Our Monmouth County Probate Lawyer Today
At Poulos LoPiccolo PC, our Monmouth County probate attorney has the legal expertise you can trust. If you have any questions about how to avoid or resolve probate delays, please do not hesitate to contact us for a completely confidential, no obligation consultation. We handle probate law cases throughout Monmouth County.
Source:
law.justia.com/codes/new-jersey/title-3b/section-3b-10-3/
