When a person dies intestate, or without leaving a Will, the Surrogate must decide who will administer the estate. The administration must be opened in the county were the decedent lived. If there is a will, the will must be probated.

Administrator

The person who is seeking to qualify as Administrator must bring in to the Surrogate's office:

1. A certified copy of the death certificate
2. A complete list of names and addresses of all immediate next of kin of the decedent
3. Documentation of the assets (bank statements, car titles or registrations, Deeds, etc.)
4. Identification of the person applying

Your right to act as an Administrator is defined by law in the following relationship order:

1. Spouse of the decedent
2. Children of the decedent
3. Parents of the decedent
4. Siblings of the decedent
5. Children of a deceased sibling

Persons having a prior or equal right to act as Administrator under the law will be required to renounce their right to act. The Surrogate's office will provide you with that form upon application of an administration.

If the applicant qualifies as the Administrator, Letters of Administration, and a short certificate will be issued by the Surrogate. A short certificate is the document the Administrator will use as proof of their authority to transfer or sell the decedent's assets.

 

Surety Bond

In most cases, a surety bond will be required to appoint an Administrator. The purpose of the bond is to protect all heirs and creditors of the estate. Pursuant to New Jersey Statute N.J.S.A. 3B:15-1, the order of appointment includes a requirement that the Administrator post bond. The Surrogate sets the bond amount based on the total amount of the estate. The applicant may choose the insurance agency they wish to purchase the bond from. The bond must be purchased before the Administrator will be appointed.

Refunding Bond and Release

Once the estate is closed and all debt has been paid and the money has been distributed, a Refunding Bond and Release must be filled out by every beneficiary of the estate, including the Administrator, and filed with the Cumberland County Surrogate, in order to get released from the bond.

Small Estates, Intestate (Without a Will)

There is a procedure whereby the assets of the small estate can be transferred to the surviving spouse without the necessity of Administration. An affidavit of Surviving Spouse can be issued to the surviving spouse if the decedent did not have a Will, and the real and personal assets of the decedent do not exceed $50,000.00. if there is a will, the will must be probated.

A similar procedure is used when the decedent dies without a Will, leaving no surviving spouse, but does leave next of kin, with the consent of the others, may apply for an Affidavit of Next of Kin in lieu of Administration. The Surrogate's office will provide you with the Consent of Heir forms.

The applicant seeking to qualify can come into the Cumberland County Surrogate's office anytime after the death occurs; however, the Surrogate cannot issue anything until the sixth day after death. It is not necessary to make an appointment. If you have any questions, please call (856) 453-4800.

Administration Ad Prosequendum

If a suit for wrongful death is to be brought on behalf of the estate, and the decedent did not have a Will, an Administrator Ad Prosequendum must be named. Your attorney will advise you if this is required. Most of the same requirements will apply for the person seeking to qualify as the Administrator Ad Prosequendum. You must know the name of the defendants in the wrongful death suit.