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oseph M. Hoffmann, Esq.
Attorney at Law
Wills, Trusts, Estates & Planning
21 Main Street, Newton, NJ 07860
WHAT IS PROBATE?
- Probate comes from the Latin word that means “proof.”
- Probate is a court proceeding where an executor proves
- A person died by filing an original death certificate.
- The terms of an estate by filing the original Will.
- The decedents
place of residence, and beneficiaries by filing a statement under oath.
- The Surrogate is actually the Judge of the Probate Court.
Since so many people have died, the process is almost always done informally in the Surrogate’s office.
- The law does not permit an
estate to be probated for at least 10 days after someone has died. This is called the “cooling off period.”
- The Surrogate’s Court
issues a judgment which confirms the death, the validity of the Will and gives the Executor full legal authority over all of the deceased
- The U.S. Constitution has a clause which requires every state to honor the judgment of every other state. This applies to judgments
of the probate court appointing a person executor and giving them authority over the deceased person’s property.
- Within a few days
after the filing of the required documents, the surrogate will give the executor a court judgment with a raised seal. This is
commonly referred to as an "executor’s certificate," "letters," "short form" or "surrogates' certificate."
Law Offices of Joseph M. Hoffmann
Attorney at Law
21 Main Street
Newton, New Jersey 07860
© 2012 Joseph M. Hoffmann, Esq. All Rights Reserved
Joseph M. Hoffmann, Esq. is a Lawyer who represents clients in New Jersey and serves:
All of Northern NJ including: Sussex County | Warren County | Morris County | Passaic County | Somerset County | Union County | Newton | Andover | Sparta | Branchville
Morristown | Vernon | Sussex | West Milford | Hopatcong | Rockaway | Dover | Mt. Olive | Hackettstown | Randolph |