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- 1). Determine the value of the estate. If you are a surviving spouse, the estate value cannot exceed $20,000. If you are not the spouse the value must not exceed $5,000, granted no spouse is living. These limits are set in place to determine if the case can be handled in the probate courts of New Jersey.
- 2). Submit application in writing to the clerk of court for the county where the deceased resided. Include names and addresses of all interested parties and a copy of the certified death certificate as well as address and value of all assets of the deceased. This shows proof that you are entitled to proceed with execution of the will. This can be done once the funeral is over and the family feels emotionally able to handle it.
- 3). Serve all interested parties with copies of your affidavit and court paperwork, within 30 days, including the attorney in possession of your loved one's will. Interested parties may be required to sign papers agreeing to move forward with the will execution.
- 4). Attend the scheduled execution date with other interested parties. You will be given a date and time to appear before the deceased's attorney or a probate judge. Any objections to the will execution will not be dealt with and will be handled as a separate matter by the courts. This requires filing suit to contest the will by someone who objects.
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