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Home / Shrewsbury Probate & Estate Administration Lawyer

Shrewsbury Probate and Estate Administration Lawyers

When a loved one passes away, family members are often left to grieve while also facing the practical reality of administering the estate. In New Jersey, this process typically involves probate—overseeing the transfer of assets, paying debts, and resolving any disputes under the supervision of the Surrogate’s Court. While probate is meant to provide structure and protection, it can also feel overwhelming for family members appointed to serve as an executor or administrator during a period of grieving and upset, often for the first time.

At Sanvenero & Cittadino, LLC, our Shrewsbury probate and estate administration lawyers help families handle probate and estate administration with efficiency and expertise. We know this is not just a legal matter but also a deeply personal one. Our goal is to shoulder the procedural and legal burdens so you can focus on honoring your loved one’s memory and moving forward.

Understanding Probate in New Jersey

Probate is the legal process of validating a will and ensuring that a deceased person’s estate is properly distributed. In New Jersey, probate proceedings begin in the Surrogate’s Court of the county where the decedent lived. If the decedent left a valid will, the executor named in that document is formally appointed to administer the estate. If there is no will, the court appoints an administrator, usually a surviving spouse or close relative, to handle the estate under New Jersey’s intestacy laws.

Not every estate requires full probate. For example, small estates below a certain dollar threshold, or estates where assets pass directly through joint ownership or beneficiary designations, may avoid much of the probate process. Still, many families must go through probate in some form, and having experienced legal guidance ensures that no steps are missed and no obligations overlooked.

The Role of the Executor or Administrator

Being named executor in a will or appointed administrator when no will exists is both an honor and a serious responsibility. Executors and administrators act as fiduciaries, meaning they have a legal duty to act in the best interests of the estate and its beneficiaries.

Key responsibilities include:

  • Collecting and safeguarding estate assets.
  • Notifying creditors and paying valid debts.
  • Filing required tax returns, including state and federal estate or inheritance taxes if applicable.
  • Distributing assets to beneficiaries according to the terms of the will or, in cases of intestacy, according to New Jersey law.

Many executors underestimate the time, effort, and potential liability involved in this role. Failure to follow procedures correctly, even inadvertently, can expose the executor to disputes or legal claims. Our attorneys guide executors through each step, helping them avoid mistakes and carry out their duties efficiently and properly.

Estate Administration Without a Will

When someone dies without a will in New Jersey, their estate is distributed under the state’s intestacy laws. This process can be confusing, especially when blended families or distant relatives are involved. For example, a surviving spouse may inherit the entire estate in some circumstances, while in others they must share with children or parents of the decedent.

Our attorneys assist administrators in navigating intestate succession, ensuring that property is distributed according to law. We also help families understand their rights and, when appropriate, resolve disagreements about who should inherit.

Will Contests and Estate Litigation in Shrewsbury

Probate is not always a smooth process. Sometimes disputes arise over the validity of a will, the actions of an executor, or the distribution of assets. These disputes can divide families and prolong the probate process, making an already difficult time even harder.

In New Jersey, will contests are generally brought in the Superior Court, Chancery Division, Probate Part, and must be filed promptly after probate proceedings begin. Grounds for contesting a will may include:

  • Lack of testamentary capacity – arguing that the decedent did not understand the nature of their assets or the effect of the will when it was executed.
  • Undue influence – alleging that someone improperly pressured the decedent to favor them in the will.
  • Fraud or forgery – claiming that the will was falsified or procured under false pretenses.
  • Improper execution – asserting that the will was not signed and witnessed in compliance with New Jersey law.

Our firm represents both beneficiaries who wish to challenge a will and executors or beneficiaries seeking to defend one. Will contests are highly fact-specific and require detailed knowledge of New Jersey probate law as well as strong litigation skills. We approach these cases with sensitivity and determination, always focused on protecting our clients’ interests while seeking efficient resolutions.

Resolving Disputes Among Beneficiaries

Disputes in estate administration are not limited to challenges about the will itself. Beneficiaries may question how an executor is handling assets, whether certain debts should be paid, or whether property is being properly valued. In other cases, family members may disagree over the distribution of sentimental personal property or real estate.

At Sanvenero & Cittadino, LLC, we work to resolve these disputes as amicably as possible. Mediation and negotiation often provide faster and less costly outcomes than prolonged court battles. When litigation cannot be avoided, however, we maintain a strong litigation practice and are fully prepared to advocate in court to protect our clients’ rights.

Tax and Financial Considerations

Probate and estate administration also involve financial and tax issues. New Jersey does not currently impose an estate tax, but it does have an inheritance tax that may apply depending on the relationship between the decedent and the beneficiaries. Federal estate taxes may also apply to larger estates. Executors must be careful to file all necessary tax returns, account for any income earned by the estate during administration, and ensure that taxes are paid before distributing assets.

Our attorneys work closely with tax professionals as needed to guide executors through these requirements, minimizing exposure to penalties and ensuring compliance with both state and federal law.

Avoiding Probate Through Planning

While probate serves an important role in protecting estates and beneficiaries, many clients seek to minimize or avoid the process altogether. With thoughtful estate planning, it is possible to streamline administration and reduce the burden on loved ones.

Tools such as revocable living trusts, joint ownership arrangements, payable-on-death accounts, and carefully structured beneficiary designations can all help assets transfer outside of probate. Our estate planning attorneys help clients incorporate these strategies into their broader plans, reducing costs, delays, and potential disputes down the road.

Compassionate Support During a Difficult Time

We understand that families going through probate and estate administration are often still processing grief. The last thing most people want to do is navigate legal paperwork, court deadlines, and tax filings. At Sanvenero & Cittadino, LLC, we provide not only legal guidance but also compassionate support. We handle the details so you can focus on your family.

Whether you are serving as executor, dealing with an intestate estate, or facing a dispute over a loved one’s will, our attorneys bring both skill and empathy to the process. We are committed to resolving matters as efficiently and smoothly as possible, always keeping your best interests at heart.

Speak With a Shrewsbury Probate Lawyer Today

Probate and estate administration do not have to be overwhelming. With the right legal support, you can navigate the process confidently, protect your loved one’s legacy, and minimize stress for your family. At Sanvenero & Cittadino, LLC, we represent clients in all aspects of probate and estate administration in Shrewsbury, including contested matters.

If you have recently lost a loved one or need guidance about your responsibilities as estate executor or administrator, contact us today to schedule a consultation. We are here to help you move forward with clarity and peace of mind.