Letters of Administration If No Will in NJ
The Law Offices of Kenneth Vercammen & Associates handles Probate, contested wills, contested estates, trust mismanagement and theft, Probate disputes, inheritance problems, estate mismanagement and theft, undue influence, lack of legal capacity, contentious probates, and other relevant issues. We encourage you to consult an attorney if you are faced with any of these situations.
Do you think youre entitled to money or might be entitled to money from an estate or trust? Do you believe that someone is unfairly claiming money or property that is rightfully yours? If so, and you are a prospective plaintiff or defendant, then you may need an attorney to protect your rights.
These areas are extremely complex. You should not attempt to reach a decision on whether or not to take action (and, if so what action to take) without the assistance of counsel.
You must call to schedule an in-office consultation as we cannot provide legal advice over the phone.
The following New Jersey statute sets forth how someone can take charge of an estate if there is no Will:
3B:10-2. To whom letters of administration granted- No Will
If any person dies intestate, administration of the intestates estate shall be granted to the surviving spouse of the intestate, if he or she will accept the administration, and, if not, or if there be no surviving spouse, then to the remaining heirs of the intestate, or some of them, if they or any of them will accept the administration, and, if none of them will accept the administration, then to any other person as will accept the administration.
If the intestate leaves no heirs justly entitled to the administration of his estate, or if his heirs shall not claim the administration within 40 days after the death of the intestate, the Superior Court or surrogates court may grant letters of administration to any fit person applying therefor.