The probate process: What happens in the first 30 days?

On Behalf of | Apr 17, 2025 | Estate Administration |

When a person dies, the people closest to them often feel overwhelmed by emotion and responsibility. If the court appointed you to manage the estate, you need to start acting quickly. 

Some tasks have short timelines, and delays can create unnecessary legal or financial problems. Knowing what to expect in the first month can help you stay organized and avoid stress later.

File the will and prepare to start probate

If the person left a will, you must file the original with the Surrogate’s Court in the county where they lived. Although New Jersey doesn’t give a firm deadline for filing, most courts expect it within the first few weeks. If the will names an executor, that person must apply for formal appointment. If there’s no will, a family member can apply to be the estate administrator.

The court will not grant this authority until at least 10 days after the date of death. Once that waiting period passes, the executor or administrator can request Letters Testamentary (or Letters of Administration if there is no will). These documents allow banks, government agencies, and other institutions to release information or property.

Secure property and notify important parties

Before probate begins, you still have responsibilities. Secure the person’s home and possessions right away. Lock all doors and windows, remove valuables, and make sure the homeowner’s insurance policy remains active. Cancel or forward the person’s mail to reduce the risk of fraud or identity theft.

Request multiple copies of the death certificate from the funeral home or the New Jersey Department of Health. You’ll need them to handle any accounts. Promptly notify financial institutions, credit card companies, mortgage lenders, and the Social Security Administration of the death. If the person received monthly benefits, the agency may stop payments or request a refund for any payments made after death.

As you begin organizing the finances, create a full list of assets and debts. This information will become part of the estate inventory, which the executor or administrator must complete during probate.

The first 30 days after someone’s death lay the foundation for the entire estate process. If you handle these steps early, you’ll avoid delays and move through probate with fewer complications.

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